In a factory in Maharashtra operating 24x7, persons are required to work in a shifts. Timings of shifts are as follows.
Night shift: 00.00 to 08.00 hrs
General Shift: 08.00 to 16.00 hrs
Evening shift: 16.00 to 24.00 hrs
Manager has given weekly holiday from the end of evening shift upto the start of night shift. Means today persons do duty till 24.00 hrs, take his holiday and further report in duty at 00.00 hrs next day for night shift. Whether he enjoy the holiday or take rest in view of night shift. Is such holiday legal in India?
From India, Pune
Night shift: 00.00 to 08.00 hrs
General Shift: 08.00 to 16.00 hrs
Evening shift: 16.00 to 24.00 hrs
Manager has given weekly holiday from the end of evening shift upto the start of night shift. Means today persons do duty till 24.00 hrs, take his holiday and further report in duty at 00.00 hrs next day for night shift. Whether he enjoy the holiday or take rest in view of night shift. Is such holiday legal in India?
From India, Pune
Weekly off is regulated by section 52 of the Factories Act. As per this section, an employee is eligible to get 24 hours rest after every 6 days work. Section 57 of the Act says that 24 hours of a weekly holiday of an employee who has worked during the night shift will commence from the time when his night shift ended. Therefore, if the shifts ends at 8 am today, then his weekly off will start from 8 o clock only. That means he cannot be called to work until 8 am tomorrow. If he is asked to join for work at 00 hours, then it is illegal and that happens only in some parts of India though it is not permitted by law in India.
From India, Kannur
4244From India, Kannur
Madhu Sir,
With reference to above, I wish to inform that the Manager of the factory given weekly holiday after end of evening shift, from 00.00 hrs to 24.00 hrs followed by night shift which starts from 00.00 hrs. So in view of night shift, the holiday will be consumed in rest. Due to this, Worker can not do personal work on holiday. As per me, this is not the proper weekly off/holiday.
From India, Pune
With reference to above, I wish to inform that the Manager of the factory given weekly holiday after end of evening shift, from 00.00 hrs to 24.00 hrs followed by night shift which starts from 00.00 hrs. So in view of night shift, the holiday will be consumed in rest. Due to this, Worker can not do personal work on holiday. As per me, this is not the proper weekly off/holiday.
From India, Pune
As per law, 24 hours from the end of the previous shift is what is required. It is true that this employee will not get a 'day' but the weekly off will be used as day for rest. But after 00.00 hours he would have taken rest at least till 10 am and it is not that having worked from 8 pm till mid night, he should require the entire day for sleeping. Imagine that he has slept for 8 hours from 1 am onwards (after spending one hour in taking bath or similar routine) till 9 am, he can spend the remaining time with family and outing. Is that not fair?
From India, Kannur
From India, Kannur
The situation appears to be, an employee works for 6 days in the evening shift from 4.00 PM to 12.00 midnight from say Monday to Saturday and then resumes duty in the night shift from 12.00 midnight to 8.00 AM on the intervening Sunday-Monday night. The employee is getting 24 hrs of rest and thus the requirement of Section 52(1) of the Factory Act 1948 is met. This type of cyclical change of shifts is done in 8X3 working in factories.
From India, Mumbai
From India, Mumbai
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