Rule 8. Week day for rest

(1) Subject to provision of this rule, employee shall be given one day of rest (hereinafter referred as rest day) every week which shall generally be Sunday but employer may fix any other day as a rest day for any employee or employees:

Provided that in a six-day working week or less than six days working week, as the case may be, the remaining days of the week shall be paid rest days for such employees:

Provided further an employee shall be entitled for the rest days under this sub-rule if he has worked under the same employer in case of six-day week for a continuous period of not less than six days and in case of less than six day working week for a continuous period of the stipulated number of working days as the case may be:

Provided also that information of fixed rest day and change in rest day afterwards shall be given to employee before change come into effect by displaying information at the place specified by Inspector cum Facilitator in this regard, in the employment place.

Explanation- For the purpose of computation of the continuous period of not less than six days or the stipulated number of working days in a week specified in the second proviso to this sub-rule-

(a) any day on which the employee is required to attend for work but is given only an allowance for attendance and is not provided with work,

(b) any day on which employee is laid off on payment of compensation under the Industrial Relations Code, 2020( 35 of

2020), and

(c) any leave or holiday with or without pay granted by an employer to an employee in the period of six days or during the stipulated number of working days of a weeks the case may be, immediately preceding the. rest days on which the employee has worked.

(2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the working days in a week immediately before or after the rest day:

Provided that no substitution shall be made as a result of which without full rest day employee have to work for 10 days.

(3) Where any employee work on rest day according to foregoing provisions of this rule and is given substituted rest day before or after the rest day, the rest day shall, for the purpose of calculating weekly hours of work shall be counted in that week in which substituted rest day falls.

(4) Employee shall:-

(a) be given wages calculated on applicable rate for rest day forthenext preceding day;

(b) where he work on rest day and is given the substituted rest day then he shall be given wages at over time rate and at applicable rate for next preceding day for rest day:

Provided that where-

(i) under the Code minimum employee wage rate is calculated by dividing minimum monthly rate of wage by 26; or

(ii) actual daily rate of employee wages is calculated by dividing monthly wages rate by 26, and actual daily rate of such wage is not less than notified minimum daily rate then no wages shall be payable for

(iii) employee has worked on rest day and he is given substituted rest day then he shall be given equivalent wages payable at overtime rate only for that rest day on the day he worked and ifany dispute arises that his wages are calculated according to provisions of this provision then Assistant Labour Commissioner or higher officer having jurisdiction shall decide it after giving opportunity to concerned parties for their written representation on application given to him:

Provided that if any employee is employed on Piece rate system then applicable wage for rest day or substituted rest day, as the casemaybe, will be such as determined by State Government from time to time, having regard to the minimum rate of wages prescribed under the Code in this regard.

Explanation.- In this sub rule, next preceding day means the last day on which the employee worked which comes before rest day or substitute rest day, as the case may be, and where the rest day fall on the day immediately following the rest day, next preceding day means the last day on which the employee worked and which precedes the rest day.

(5) The provisions of this rule shall not prejudice the more favorable condition if any to which an employee is entitled under any other law or any award, contract or condition of contract and in that case employee shall be entitled for aforesaid favorable terms.

Explanation- For the purpose of this rule, week means a period of seven days starting from mid night of Saturday night.