Dear All,
I have a query on the weekly off.
a. Is it mandatory to give a weekly off according to India's Labour Act?
b. If so, can you please attach/guide me to find the clause so that I can present it to my management to support my argument.
c. Can we have the weekly off on any of the days in a week?
Thank you.
From India, Coimbatore
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2I have a query on the weekly off.
a. Is it mandatory to give a weekly off according to India's Labour Act?
b. If so, can you please attach/guide me to find the clause so that I can present it to my management to support my argument.
c. Can we have the weekly off on any of the days in a week?
Thank you.
From India, Coimbatore
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Dear Santosh,
An establishment/company is required to remain closed for at least one day of the week as per Section 3 of the Weekly Holidays Act, 1942. Information Technology establishments, Information Technology enabling services or establishments, Bio-Technology and Research Centres, along with certain other establishments, are exempt from the provisions of Weekly Holidays as stated in Sections 3(2)(q), (r), and (s) of The Karnataka Shops and Commercial Establishments Act, 1961.
It is mandatory to provide a weekly off, and you can find more information at this link: http://india.gov.in <link updated to site home>.
Yes, you can have a weekly off on any of the days of the week specified by the employer. The employer should not frequently change the policy of giving the weekly off. However, once in three months, he can alter the weekly off policy.
Regards,
Shreekanth.P.R
From India, Mumbai
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An establishment/company is required to remain closed for at least one day of the week as per Section 3 of the Weekly Holidays Act, 1942. Information Technology establishments, Information Technology enabling services or establishments, Bio-Technology and Research Centres, along with certain other establishments, are exempt from the provisions of Weekly Holidays as stated in Sections 3(2)(q), (r), and (s) of The Karnataka Shops and Commercial Establishments Act, 1961.
It is mandatory to provide a weekly off, and you can find more information at this link: http://india.gov.in <link updated to site home>.
Yes, you can have a weekly off on any of the days of the week specified by the employer. The employer should not frequently change the policy of giving the weekly off. However, once in three months, he can alter the weekly off policy.
Regards,
Shreekanth.P.R
From India, Mumbai
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According to the labor law, an employee needs to complete 48 working hours in a week. Whether this is accomplished in 5 days or 6 days is at the company's discretion. Typically, most people have Saturdays off.
I am curious to know in which type of industry you are currently working.
From India, Mumbai
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I am curious to know in which type of industry you are currently working.
From India, Mumbai
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Dear Santhosh,
In my view, we do not have any Act in the name of 'India's Labour Act'. It is considered that you want to know/find out Acts & Rules relating to the grant of a weekly off day. Therefore, first, enlist various labor laws and then go through them to finalize which are applicable to your establishment. Then go through the index under applicable Acts & Rules to find out the applicability of a weekly off day. We have to go through Central and State enactments. State Shops and Establishment Act, The Minimum Wages Act, 1948, The Factories Act, 1948, etc., have provisions relating to the grant of a weekly off day to employees/workmen. Therefore, first decide the applicability of the Act and then go through the weekly off day provision in that applicable Act and Rules for your query.
Regards,
R.N.Khola
From India, Delhi
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In my view, we do not have any Act in the name of 'India's Labour Act'. It is considered that you want to know/find out Acts & Rules relating to the grant of a weekly off day. Therefore, first, enlist various labor laws and then go through them to finalize which are applicable to your establishment. Then go through the index under applicable Acts & Rules to find out the applicability of a weekly off day. We have to go through Central and State enactments. State Shops and Establishment Act, The Minimum Wages Act, 1948, The Factories Act, 1948, etc., have provisions relating to the grant of a weekly off day to employees/workmen. Therefore, first decide the applicability of the Act and then go through the weekly off day provision in that applicable Act and Rules for your query.
Regards,
R.N.Khola
From India, Delhi
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agree with Mr. Khola. First we should go through the act which applicable to our org. we can find the rules under that particular act.
From India, New Delhi
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From India, New Delhi
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We are into selling financial products. So which one will be an apt act for us. H.O at delhi & self work at Bangalore.
From India, Coimbatore
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From India, Coimbatore
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Dear Miss Santhosh,
With reference to your query, I wonder why you need the specific Act to convince your management about a "weekly off"!!
Do you or your management think that employees are supposed to work seven days a week all their life?
All labor acts are based on common sense and the need to provide suitable remuneration/compensation, fulfill safety and social needs, etc. I think without the intervention of these Acts, companies like yours would not have any qualms or limits in exploiting employees.
At least, that is the impression one gets when someone asks, "Is it mandatory to give a weekly off..."
Warm regards.
P.S.: Looking into the information you provided, your organization would be covered under the relevant Shops and Establishment Act in your state and need to follow other applicable Acts as well, such as the Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Payment of Gratuity Act, 1972; Maternity Benefit Act, 1961; Employees' State Insurance Act, 1948; etc.
Kindly note that ignorance of the law is never considered a valid excuse.
From India, Delhi
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With reference to your query, I wonder why you need the specific Act to convince your management about a "weekly off"!!
Do you or your management think that employees are supposed to work seven days a week all their life?
All labor acts are based on common sense and the need to provide suitable remuneration/compensation, fulfill safety and social needs, etc. I think without the intervention of these Acts, companies like yours would not have any qualms or limits in exploiting employees.
At least, that is the impression one gets when someone asks, "Is it mandatory to give a weekly off..."
Warm regards.
P.S.: Looking into the information you provided, your organization would be covered under the relevant Shops and Establishment Act in your state and need to follow other applicable Acts as well, such as the Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Payment of Gratuity Act, 1972; Maternity Benefit Act, 1961; Employees' State Insurance Act, 1948; etc.
Kindly note that ignorance of the law is never considered a valid excuse.
From India, Delhi
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Dear All,
I have a query regarding Weekly-Off. The establishment is covered under the Motor Transport Workers Act, specifically concerning Drivers & Conductors.
1. If the off is cancelled, when can the employee become eligible for compensatory off?
a) within 3 days
b) 10 days
c) One month
d) two months.
2. If an employee remains absent or on leave for 2 days or more, can the weekly off automatically change? Please clarify considering the provisions of the Factories Act and MTW Act.
Thanks and warm regards,
Hafiz
From India, Kochi
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I have a query regarding Weekly-Off. The establishment is covered under the Motor Transport Workers Act, specifically concerning Drivers & Conductors.
1. If the off is cancelled, when can the employee become eligible for compensatory off?
a) within 3 days
b) 10 days
c) One month
d) two months.
2. If an employee remains absent or on leave for 2 days or more, can the weekly off automatically change? Please clarify considering the provisions of the Factories Act and MTW Act.
Thanks and warm regards,
Hafiz
From India, Kochi
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Dear Santhosh,
The applicability of the grant of a weekly off day and other related queries can be answered only after determining the applicability of the relevant enactment on the establishment. Therefore, first decide which Act is applicable in your case, such as the State Shops and Establishment Act, Minimum Wages Act, Factories Act, The Plantation Labour Act, etc., and then review the provisions related to the grant of a weekly off day in that Act.
R.N.KHOLA
From India, Delhi
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The applicability of the grant of a weekly off day and other related queries can be answered only after determining the applicability of the relevant enactment on the establishment. Therefore, first decide which Act is applicable in your case, such as the State Shops and Establishment Act, Minimum Wages Act, Factories Act, The Plantation Labour Act, etc., and then review the provisions related to the grant of a weekly off day in that Act.
R.N.KHOLA
From India, Delhi
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Under all basic Acts meant for the welfare, health, and safety of workmen, such as the Factories Act (applicable to factories or establishments where a manufacturing activity is carried out), Plantations Labour Act (applicable to plantations), Mines Act (applicable to mines), or Shops and Commercial Establishments Act (applicable for establishments other than factories, mines, or plantations), the provision relating to the weekly off remains the same. Every employee should be given one day of rest for 24 hours after every six days of work. When the weekly off shall fall is purely an operational arrangement of the respective establishment, and therefore, it need not be the same for all the workers.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Indian Labour laws.doc