Introduction
In an era where work-life balance is increasingly becoming crucial, the significance of weekly offs for employees cannot be emphasized enough. Under India’s labour laws, provisions have been made to ensure that every employee is entitled to a periodic day of rest, commonly known as a weekly off. This article explores the importance of weekly offs, the legal protection offered under various labour laws in India, and how they contribute to ensuring employees’ safety and well-being.
Rest And Rejuvenation
One of the primary objectives of weekly offs under the labour laws is to grant workers a day of rest, allowing them to recharge physically and mentally. By granting a dedicated weekly day off, employees can rest their body and mind, relax, and rejuvenate thereby promoting their overall well-being. This also encourages work-life balance, which is crucial for maintaining good mental health and job satisfaction.
Health And Safety
The overarching aim of the Shops and Establishments Acts of different states and Factories Act, 1948 is to safeguard the health, safety, and welfare of employees. Weekly offs play a vital role in promoting the health and safety of workers. This helps reduce the risk of work-related injuries, accidents, and illnesses that can arise from prolonged periods of continuous work.
Productivity And Efficiency
Contrary to the belief that continuous work leads to increased productivity, studies have consistently shown that regular breaks, including weekly offs, significantly improve efficiency and overall performance. When employees have dedicated time away from work, they can return to their jobs with renewed energy and focus.
Legal Protections
Under India’s labour laws, weekly offs are protected rights for employees. The Factories Act, of 1948, and the Shops and Establishments Acts of various states mandate that workers are entitled to a weekly day of rest. Violation of these provisions can lead to legal consequences for employers, including penalties and fines. These laws act as a safeguard ensuring that employees are not exploited and have a reasonable opportunity to balance their personal and professional lives.
Weekly Holiday Under The Shops And Establishments Act
The Shops and Establishments Act ensures that workers’ rights are protected and that they are not exploited through excessive working hours. By complying with these regulations, employers can demonstrate their commitment to fair labour practices and establish a positive work culture. The Act also acts as a safeguard against exploitation, as violations of these provisions may result in penalties and legal consequences for non-compliant establishments.
Each state in India has its own Shops and Establishments Act, which regulates the employment and working conditions of employees in shops, commercial establishments, and service sectors. These acts generally contain provisions for weekly offs for employees. The specific number of weekly offs and other related aspects may vary across states.
For example, under The Karnataka Shops and Commercial establishments Act, 1961, every establishment in Karnataka shall remain closed for one day of the week and every employee in an establishment shall be given at least one whole day in a week as a holiday for rest. However, the State Government may allow an establishment to remain open throughout the week if it is satisfied that the establishment employs additional staff and every staff get at least one day in a week as holiday.
As per Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, every worker shall be given a weekly holiday of at least twenty-four consecutive hours of rest and in case, a worker is denied weekly holiday, a compensatory holiday to the same shall be given within two months of such weekly holiday. In case a worker is allowed to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages.
The Kerala Shops and Commercial Establishments Act, 1960 guarantees in each week, a holiday for one whole day to every person employed in a shop or a commercial establishment. However, the said holiday is not extended to an employee, whose total period of employment in a week including any days spend on authorized leave, is less than six days.
Weekly Holiday Under Factories Act, 1948
Another key legislation in India, ensuring the safeguard of weekly off is the Factories Act, 1948 It governs the working conditions and provisions for workers in factory environments.
The Factories Act makes it mandatory for employers to comply with the provisions surrounding weekly offs. The Act states that
No adult worker shall be required or allowed to work in a factory on the first day of the week unless he has or will have a holiday for a whole day on one of the three days immediately before or after the said day.
In case of a holiday substitution, workers must be given a weekly holiday every 10 days. If an organization is exempted from the provision related to weekly holiday and workers are not granted their weekly holidays, an equal number of compensatory holidays have to be granted within 2 months. A worker who is deprived of any of the weekly holidays shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. Consequently, the weekly holiday which is a one full day period every week may be changed from Sunday to any other day of the week by complying with the procedure laid down under Section 52 of the Factories Act, 1948. It obliges the employer to deliver a notice to the local labour inspector before making such changes in the weekly holidays in his organization duly mentioning the appropriate reasons.
Employers who violate the Act’s provisions may face penalties, fines, and legal consequences. All these implications ensure that workers’ rights are protected and that they are not exploited through excessive working hours. By providing legal recourse, the Act acts as a safeguard against exploitation and ensures compliance with fair labour practices.
A Proven Symbiotic Relationship
Article 24 of the Universal Declaration Of Human Rights states “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay” which ensures a right not to be overworked. On the same note, weekly offs are not just a luxury but a right for employees under India’s labour laws. Employers must recognize the importance of weekly offs and actively promote work-life balance to create a harmonious, symbiotic and productive work environment. Additionally, employees must exercise their entitlement to weekly offs, ensuring they benefit from the inherent advantages that come with regular periods of rest and rejuvenation.
-Smrithy S,
Advocate & Associate
