THE WEEKLY HOLIDAYS ACT, 1942
APPLICABILITY
·
The
Act applies to persons employed in shops, restaurants and theatres
·
The
Act becomes applicable in a State only by way of the State Government
Notification
·
The
Act excludes persons employed in a confidential capacity or in a position of
management as per object of the Act (Section 1)
NON-ENTITLEMENT
To
persons whose total period of employment in week including authorized leave is
less than six days and those in confidential capacity and those who entitle to an
additional holiday in shop and those who have a whole holiday on the day on
which the shop has remained closed in terms of Section 3
HOLIDAY IN SHOPS , RESTAURANTS
AND THEATRES
The
Holidays shall be declared as under:
|
Types of Establishment
|
No. of Holidays in a Week
|
Additional Holidays
|
|
Shops
|
To
be closed on one day of the week (Section 3) or grant a holiday in a week
(Section 4)
|
Half-day
in the afternoon in a week (as notified by the State Government) (Section 5)
|
|
Restaurants
and Theatre
|
Shall
grant a holiday in a week (Section 4)
|
Half-day
in the afternoon in a week (as notified by the State Government) (Section5)
|
Other
requirements to be complied with
1. The shopkeeper shall specify the
days on which the shops remains closed for a whole day or for half-day as the
case may be through a notice to be exhibited in a conspicuous place. (Section 3
& Section 5)
2. The shopkeeper shall not alter
the day of closure more often except once in three months (Section 3)
DEDUCTION OR ABETEMENT OF WAGES
There
should not be any deduction or abatement of wages on account of closure of
shops or holiday for the whole day or for half-day irrespective of the fact
that a person in employed on the basis that no wages are payable to him for a
holiday for the whole day or for the part of the day (Section 6)
PENALTIES
For failure to close shop or grant one day holiday or half-day holiday under
Section 3, 4 & 5, or deducting wages for such holiday or failure to
maintain registers or display notices under Section 10(2)(c), the penalty in
fine upto Rs 25 for the offences for the first time and Rupees 250 for the
second and third time (Section 9)
