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Factories Act

Section:52 :Weekly Holidays

Obligation : To ensure that each worker is provided one full day of rest each week

Type:Preventive Compliance Frequency: Weekly

Action to be taken:
Ensure that no adult worker is allowed to work on the first day of the week (said day) unless he has had or will have a holiday for a whole day on one of the three days immediately preceding or following the said day. A worker can be required to work on the said day provided that a notice mentioning the intention to require the worker to work on the said day, and mentioning the substituted holiday is delivered to the inspector and displayed in the factory. However, no worker can be required to work for more than 10 days in a row without a full days holiday

Audit Requirement:
Is every worker provided at least one full day of rest in a week such that no worker works for more than 10 days in a row ?

Supporting Documents:
Written Confirmation of Compliance

Related Triggers:
Change in Shift System
Change In Working Hours or Holidays
Employees Working On Holidays

Related Keywords:
Compensatory Holidays
Conditions of Service
Holidays
Hours of Work / Working Hours
Weekly Holidays

Related Sections:
Factories Act, 1948
Chapter:Chapter VI - Working Hours of Adults| 52:Weekly holidays:
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless-
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,-
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day and or the holiday to be cancelled, whichever is earlier.

(4) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.