WEEKLY HOLIDAYS ACT, 1942
No deduction or abatement to be made from wages.
6. No deduction or abatement of the wages of any person employed in an establishment to which this Act applies shall be made on account of any day or part of a day on which the establishment has remained closed or a holiday has been allowed in accordance with sections 3, 4 and 5, and if such person is employed on the basis that he would not ordinarily receive wages for such day or a part of a day he shall nonetheless be paid for such day or part of a day the wages he would have drawn had the establishment not remained closed or the holiday not been allowed on that day or part of a day.
What is the meaning of above a paragraph?
We are hiring driver on outsourcing bases and paying monthly salary based on 26 days/month and not paying salary for 4 Sunday/month.
Should we have to pay for 4 Sunday as per this paragraph as salary paying on monthly basis.
Please advice.
From India, Vadodara
No deduction or abatement to be made from wages.
6. No deduction or abatement of the wages of any person employed in an establishment to which this Act applies shall be made on account of any day or part of a day on which the establishment has remained closed or a holiday has been allowed in accordance with sections 3, 4 and 5, and if such person is employed on the basis that he would not ordinarily receive wages for such day or a part of a day he shall nonetheless be paid for such day or part of a day the wages he would have drawn had the establishment not remained closed or the holiday not been allowed on that day or part of a day.
What is the meaning of above a paragraph?
We are hiring driver on outsourcing bases and paying monthly salary based on 26 days/month and not paying salary for 4 Sunday/month.
Should we have to pay for 4 Sunday as per this paragraph as salary paying on monthly basis.
Please advice.
From India, Vadodara
You have quoted section 6 which contains reference to sections 3, 4, 5 etc. Then why did not quote that sections also?
The cited Act was enacted to protect the interests of employees employed in certain shops and restaurants.Though this Act is a Central Act, the applicability of this Act is limited only to such states which notifies its applicability.
With the passing of Shops and Commercial Establishments Act, the significance of this Act seems to have lost.
The Minimum Wages notified by the State following the Minimum Wages Act provides for a daily rate of wages as well as monthly rated wages. The daily rate is arrived at by dividing the monthly rate of wages by 26, implying that the wages for the weekly off day is included in the daily rate. Hence a holiday after 6 days of work is what is mandatory and it is not necessary to pay for that day. In the case of monthly rated employee, it is for the 30/31 days the payment is made whereas in the case of daily rated employees, the daily rate itself contains an element of weekly off day payment as the monthly rate is divided by 26 to get the daily rate.
From India, Kannur
4249The cited Act was enacted to protect the interests of employees employed in certain shops and restaurants.Though this Act is a Central Act, the applicability of this Act is limited only to such states which notifies its applicability.
With the passing of Shops and Commercial Establishments Act, the significance of this Act seems to have lost.
The Minimum Wages notified by the State following the Minimum Wages Act provides for a daily rate of wages as well as monthly rated wages. The daily rate is arrived at by dividing the monthly rate of wages by 26, implying that the wages for the weekly off day is included in the daily rate. Hence a holiday after 6 days of work is what is mandatory and it is not necessary to pay for that day. In the case of monthly rated employee, it is for the 30/31 days the payment is made whereas in the case of daily rated employees, the daily rate itself contains an element of weekly off day payment as the monthly rate is divided by 26 to get the daily rate.
From India, Kannur
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Weekly compliance Bulletin - 22.pdf