Get to Know the New Labor Law Rules: Here Is the Government's Stance on Overtime and Weekly Offs..

Weekends and holidays constitute a crucial part of an employee's time for rest and personal pursuits; however, office work often continues to encroach upon these days. Many employees find themselves in situations where their bosses expect them to work even on their days off. This raises the question: Is this practice legal? Let us examine the rights of employees and the responsibilities of companies under the new labor laws and existing regulations.

In India, labor laws regarding weekly offs and holidays are quite explicit; however, corporate culture often fails to fully adhere to these regulations. Particularly in the private sector, requiring employees to work on weekends or holidays has become a common occurrence. Consequently, it is essential to understand the legal stance on this matter. In a report by *ET*, Malak Bhatt, Founding Partner at NM Law Chambers, notes that in many companies, it is common for managers to call employees on their days off, cancel previously approved leave, or expect them to remain available even while on leave; however, this practice is not considered correct or legal in every situation.

Employees cannot be compelled to work on their days off without their consent, especially if such a requirement is not stipulated in their employment contract or the company's HR policy. If such a demand is made—and neither additional remuneration nor compensatory leave is provided in exchange—it may constitute a violation of the law.

According to experts, a weekly off is not merely a perk, but a legal right of every employee. Under labor laws, every employee is entitled to one mandatory day of rest after working for six days. If an employee is required to work on this designated rest day, they must be compensated with either a substitute day off or additional wages.

Several key statutes in India address this issue:
Weekly Holidays Act, 1942: Mandates that employees receive at least one day of leave per week.
Factories Act, 1948 / OSH Code, 2020: Makes it mandatory to provide one day of rest every seven days; if an employee is required to work on that day, they must be compensated with either double wages or compensatory leave. National & Festival Holidays Laws (State Level): Employees working on national and festival holidays are entitled to receive either additional wages or compensatory leave.

Despite these laws, many employees are unable to exercise these rights due to the fear of losing their jobs or facing negative repercussions. In such scenarios, experts emphasize that proper documentation is crucial. According to Malak Bhatt, if an employee is asked to work on a designated holiday, they should maintain a record of this request via email, text message, or any other medium. This record can serve as evidence in a labor court in the future. Furthermore, if a manager cancels a previously approved leave without providing adequate notice, the employee should formally register their objection in writing. As per the law, a minimum notice period of two weeks is required for any changes to scheduled leave.

**Employee Rights**
*   Compensatory leave or additional wages for working on holidays.
*   The right to register an objection if leave is cancelled without a valid reason.
*   The right to receive payment for overtime work.

**The Company's Stance**
Companies often argue that employment contracts—or agreements—typically contain provisions for additional work based on business requirements. Furthermore, if an employee performs the work without registering any objection, this may be construed as tacit consent. Overall, requiring employees to work on holidays is not entirely illegal; however, it necessitates clear guidelines and appropriate compensation. It is imperative for employees to be well-informed about their rights and to assert them whenever necessary.

Disclaimer: This content has been sourced and edited from TV9. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.