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  • THE WEEKLY HOLIDAYS ACT shape

    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

    • 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)
    • 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)