New Labor Code
Weekends and holidays are an important part of rest and personal time for employees, but sometimes office work does not leave them behind even on these days. Many employees face such situations where their bosses expect them to work even on holidays. In such a situation the question arises whether it is legal? Let us understand what are the rights of employees and what are the responsibilities of companies under the new labor law and existing rules.
Labor laws in India are quite clear regarding weekly off and holidays, but many times these rules are not completely followed in the corporate culture. Especially in the private sector, it has become a common practice to make employees work on weekends or holidays. In such a situation, it is important to know what the law says on this. In an ET report, Malak Bhatt, founding partner of NM Law Chambers, says that in many companies, it is common for managers to call employees on holidays, cancel already approved leaves or expect them to be available even during holidays, but this practice is not considered correct or legal in every situation.
Employees cannot be forced to work on holidays without their consent, especially if it is not included in their employment contract or the company’s HR policy. If this is done and neither additional salary nor compensatory off is given in return, then it may be a violation of the law.
According to experts, weekly off is not a facility but a legal right of the employees. Under labor laws, every employee should get one day compulsory leave after working for 6 days. If an employee has to work even on this day, he should get leave or additional payment in return.
Several major laws in India cover this issue
- Weekly Holidays Act, 1942: Employees are required to get at least one day off in a week.
- Factories Act, 1948 / OSH Code, 2020: One day’s rest is mandatory every seven days and double wages or compensatory off will have to be given for working on that day.
- National & Festival Holidays Laws (State level): Working on national and festival holidays should provide additional pay or leave.
Despite the law, many workers are unable to exercise these rights because they fear losing their job or being negatively impacted. In such a situation, experts say that documentation is very important. According to Malak Bhatt, if an employee is asked to work on a holiday, he should keep a record of it through email, message or any other means. This record can be used as evidence in the labor court in future. Additionally, if a manager cancels already sanctioned leave without proper notice, the employee should also register his protest in writing. According to law, it is necessary to give at least 2 weeks’ notice for changes in leave.
employee rights
- Compensatory off or extra pay for working on holidays
- Right to lodge objection against cancellation of leave without reason
- Right to be paid overtime
company stand
Companies often argue that the employment contract contains a provision for additional work as per business needs. Also, if the employee did the work without protest, it can be considered consent. Overall, working on holidays is not completely illegal, but clear rules and compensation are necessary. It is very important for employees to be aware of their rights and enforce them when necessary.
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