Dear friends,
I need suggestions for a holiday on the 5th of March. Is it possible to work on the 25th of March, which is a Sunday, as a "COMPENSATORY WORKING DAY" for the leave given under the Factories Act? Will the Inspector of Factories accept the Sunday Working Letter?
Ganesh
From India
1I need suggestions for a holiday on the 5th of March. Is it possible to work on the 25th of March, which is a Sunday, as a "COMPENSATORY WORKING DAY" for the leave given under the Factories Act? Will the Inspector of Factories accept the Sunday Working Letter?
Ganesh
From India
Dear Anamika,
What holiday did you give on 05/03/2018? You mentioned that the said holiday is under The Factories Act. Please elaborate.
You also asked if it is possible to work on 25th March. Please clarify for which year?
From India, New Delhi
What holiday did you give on 05/03/2018? You mentioned that the said holiday is under The Factories Act. Please elaborate.
You also asked if it is possible to work on 25th March. Please clarify for which year?
From India, New Delhi
Dear Anamika, As per my knowledge COMPENSATORY OFF i.e. Holiday to be given if he/she already worked any Holiday. This is as per mutual understanding of the management & employee.
From India, Thana
From India, Thana
It looks incredulous that on 12th April, a query is raised whether in lieu of a holiday on 5th March, can a working day be declared on 25th March as per the Factories Act.
Now to get the legal position in this regard, the substitution of the weekly off is provided under Sections 52 of the Factory Act. Section 52 provides that the weekly off can be substituted with any day within three days immediately before or after the said day (i.e. the weekly off day). That obviously is not the case, though the process contemplates only a notice to be given to the Factory Inspector and a notice is displayed to this effect in the factory. For the proposed change in the weekly off, an exemption from Section 52 is needed, and the Chief Inspector of Factories has the power on the grounds that exemption is required to enable the factory to deal with exceptional pressure of work. Such exemption is granted subject to the provisions in sub-section 3 thereof, subject to the condition that the substituted compensatory holiday is given within the next two months of substitution (Section 53).
Now coming to the query, at this point, can it be considered? This requires prior sanction; post facto approval may not be so easy to come by. So also, an already declared festival holiday cannot be converted to be a substituted holiday. Moreover, the conversion of 25th into a working day will attract OT liability as there will be 56 hours working in the week unless you have given some other holiday during the week.
From India, Mumbai
Now to get the legal position in this regard, the substitution of the weekly off is provided under Sections 52 of the Factory Act. Section 52 provides that the weekly off can be substituted with any day within three days immediately before or after the said day (i.e. the weekly off day). That obviously is not the case, though the process contemplates only a notice to be given to the Factory Inspector and a notice is displayed to this effect in the factory. For the proposed change in the weekly off, an exemption from Section 52 is needed, and the Chief Inspector of Factories has the power on the grounds that exemption is required to enable the factory to deal with exceptional pressure of work. Such exemption is granted subject to the provisions in sub-section 3 thereof, subject to the condition that the substituted compensatory holiday is given within the next two months of substitution (Section 53).
Now coming to the query, at this point, can it be considered? This requires prior sanction; post facto approval may not be so easy to come by. So also, an already declared festival holiday cannot be converted to be a substituted holiday. Moreover, the conversion of 25th into a working day will attract OT liability as there will be 56 hours working in the week unless you have given some other holiday during the week.
From India, Mumbai
One can do so but has to inform the appropriate authority (Factory & Labour) before adopting. The establishment needs to provide a reason to the authority for the change of holiday being opted. The appropriate authority issues some guidelines along with an approval note. Thereafter, the management issues a circular regarding the change of holiday.
From India, Mumbai
From India, Mumbai
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