I want to know that we are a factory manufacturing auto components. We observe Sunday as weekly off. Can we call some of our employees on Sunday as normal working day and give them staggered off. We are a unionised factory and for last more then 25 years we are giving Sunday as weekly off to all our employees working in the factory. If we change their weekly off and give them staggered off will it be legally correct and covered under which section of the Factories Act,1948.
From India
From India
You can start Staggering weekly off but is your union agreed to this? Is it really required to do so? Is there any real cstomer pressure to do so?
From India, Pune
467From India, Pune
a day off in a week is mandatory under the Act and it need be on Sunday itself, it can be any day in 7 days...... You can change your leave policy as per the requirement that is not a problem under law.
But you must also keep in mind that it must not result as discrimination of employees against whole other employees. So it has to applied to all equally or it must depend on batches, and notice of such changes shall be given to those batches of employees clearly mentioning whether such change is for time being or permanent......... if it is suitable to you then you may also ask the employees to come volunteer or may make it a compulsory change......
If you want only few employees then it has to be temporary as well as for a specific and important purpose..... for more details you may refer the laws.......
From India, Bangalore
But you must also keep in mind that it must not result as discrimination of employees against whole other employees. So it has to applied to all equally or it must depend on batches, and notice of such changes shall be given to those batches of employees clearly mentioning whether such change is for time being or permanent......... if it is suitable to you then you may also ask the employees to come volunteer or may make it a compulsory change......
If you want only few employees then it has to be temporary as well as for a specific and important purpose..... for more details you may refer the laws.......
From India, Bangalore
There is no issue to call any worker on Sunday (weekly off) based work requirement . union have no right to interfere in this matter, because it the duty of the management representative to take the work as per production schedule. But weekly off to be given to workers with in 10th day .i.e no workmen should work with out weekly more 10 days. as per the factories Act 1948.
From India
From India
Trade union can interfere demanding the notice period and also oppose if that does not apply to all the employees as a whole........ And if they may prove the change brings no good results......So always inform through the trade unions, to maintain the amicable relationships........ question is important not about the rights but about understanding..... So do not impose anything with authority, rather use your authority or management skills involving them in decision making so that they shall volunteer for the purpose , especially for these kind of small matters...... always try to be aware of something called "intimacy and transparency ", this avoids the more than 50% of problems..........
From India, Bangalore
From India, Bangalore
Nothing against law in engaging workers on Sundays.They shall be given a C OFF on another day within 3 days before or after the Sunday.Total weekly hrs shall not exceed 48.Sec 9A of ID Act to be complied with.
Varghese Mathew
Labor/HR consultant TVM
09961266966
From India, Thiruvananthapuram
Varghese Mathew
Labor/HR consultant TVM
09961266966
From India, Thiruvananthapuram
Suggestion given by Mr Mahew is partly Correct. You have to inform the change in Weekly Off dantay to Factory Inspector and get his approval and permission. If you have union in your factory have an agreement with union the implement the change if the change is of permanent nature.
Avinash Kanoray
HR Consult
9890752690
From India, Pune
Avinash Kanoray
HR Consult
9890752690
From India, Pune
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