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Dear Sir,

I work in the BPO sector. I want to know if, in a month like July with 31 days, my senior told me that I can only take 4 week offs even though there are five weekends within that month. For example, I took my first week off on 3rd July and 10th July, and my third week off on 16th July, so my next week off should be on 24th July. According to the roster, I should take my week off next on 31st July. Per the policy, this week off should be provided to me. My senior told me that I will have to work continuously for 14 days. Kindly suggest what action should be taken according to the rules and policy. I would appreciate your guidance on this matter.

Thank you.

From India, Delhi
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Dear friend,

It is often said that ignorance is bliss. This is what is happening with your manager. While coming up with the quixotic proposal of working for 14 days continuously, he could have given legal justification. However, he cannot do that because under the provisions of the Shops and Establishment Act, after working for six days, the worker is eligible for one day weekly off.

The industries that operate seven days a week find it challenging to provide a weekly off exactly on the seventh day. Hence, a minor adjustment of 1-2 days is made. But, by and large, the gap between two offs should be six days.

In the month of July 2018, there are five Sundays. Therefore, the average worker becomes eligible for five weekly offs. This is the simple justification. One does not need to have knowledge of the law.

Thanks,
Dinesh Divekar

From India, Bangalore
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Dear Friend,

It is well said by Mr. Dinesh Divekar that you are eligible for the 5th weekly holiday of the month of May. This weekly off-day is not sanctioned at the mercy of your boss but rather by the statute and laws of the land under which your establishment is covered.

It is not understood why your boss said what he did and on what basis of knowledge and information.

During the month of July, where Sunday, Monday, and Tuesday are weekly off-days, you will have five. Furthermore, a person is eligible for 52 weekly off-days in a calendar year, if they start the job on the first day of the calendar month.

You should ask your boss to issue an office memo stating that you are not eligible for the 5th weekly holiday.

From India, Mumbai
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Dear Colleague,

It is your legal right to have a weekly day off after working for six days, and you cannot be deprived of it due to your boss's ignorance of the legal provisions in the Delhi Shops and Establishment Act/Rules.

Please escalate this matter to higher authorities if he refuses to give you five weekly offs in July 2018.

Regards,
Vinayak Nagarkar
HR Consultant

From India, Mumbai
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