Rule 24. Weekly Holiday and Compensatory Holidays under section 26

(A) For Factories-

(1) 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 a said day), unless-

(a) he has or will have a holiday for a whole day on one of ithe 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, delivered a notice

(i) at the office of the Inspector-cum-facilitator ofhis 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 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-rule (1) may be cancelled by a notice delivered at the office of the Inspector-cum-facilitator and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

(3) Wher, in accordance with the provisions of sub-rule (1), only wvorker works on the said day and has had a holiday on onc of the three days immeditely before it that said day shall, for the purpose of calculating his wveekly hours of ivork, be included in the preceding week.

(2) Compensatory Holidays.-

(1) Except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day. the compensatory holidays to be allowed shall be so spaced that not more than two holidays are given in onc week

(2) The manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the date thereof, at the place at which the Notice of Periods of Workers displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of the holiday.

(3) Any compensatory holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge of dismissal.

(4) (a) The Manager shall maintain a Register in Form 10:

Provided that, if the Chief Inspector-cum-Facilitator is ofthe opinion that any muster roll or register maintained as part of the routine of the factory or return made by the manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this Rule for this factory.

(b) Theregistermaintained under clause (a) shall be preserved for a period of three years after the last entry in it and shall be produced before the inspector-cum-Facilitator on demand.

(B) Weekly Holidays and Compensatory Holidays for Building or other construction work.

(1) Subject to the provisions of these tiles, each building worker employed in building or other construction work shall be allowed a day of rest every week (hereinalter referred to ns the rest day) which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day;

Provided that the building worker shall be informed of the day fixed as the rest day and of any subsequent change in such rest day before the change is eflected by display of a notice 1o that effect in the place of employment at the place specified by the Inspector- cum facilitator having jurisdiction in this behalf. No building worker employed in building or other construction work shall be required or (2) allowed to work on a rest day unless he already had or will have a substituted rest day for a whole day on one of the five days immediately before or after such rest day;

Provided that no substitution shall be made which results in a building worker working for more than ten days consecutively without a rest day for a whole day.

(3) Where the weekly day of rest is not the same day for all buikding workers employed in the building or other construction work, the notice referred to in sub-rule (1), shall show the day of rest allowed to each relay, or set of persons or individual.

(4) Where a building worker employed in building or other construction work has worked on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, as provided in sub-rules (1) and (2) such rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which such substituted rest day occurs.

(5) A building worker employed in building or other construction work shall be granted ivages for a rest day, calculated at the rate applicable to the day preceding such rest day and in case he has worked on a rest day and has been given a substituted rest day he shall be paid wages for such rest day on which he worked, at the overtime rate and wages for such substituted rest day at the rate applicable to the day preceding such substituted rest day.

Explanation-1: For the purpose of this rule "preceding day" means the last day preceding at rest day or a substituted rest day, as the case may be, on which a building worker had worked and where such substituted rest day falls on a day immediately after such a rest day,such "preceding day" means the last day preceding such rest day on which such building worker had worked.

Explanation-II: For the purpose of this rule, "iveek" shall mean a period of seven days beginning at mid night on a Saturday night. Except in the case of building worker engaged in any work which for technical reasons (6) must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (3) of section 26 of the Code shall be so spaced that not more than two compensatory holidays are given in one week. • The employer or contractor of the establishment, as the case may be. shall display, on or before the and of the month in which holidays arc lost, a notice in respect of building workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works prescribed under section 26 is displayed.Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday. Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.