In a world of 24×7 customer support, IT services, retail chains, and healthcare, it is increasingly common for companies to function outside the traditional Monday-to-Friday model. This raises an important question: can a company legally force its employees to work on Sundays and public holidays in India? To answer this, we must also consider the regulations governing working hours in India. Let’s explore the legal landscape, employee rights, and employer obligations around this issue.
Is Sunday a Mandatory Weekly Off in India?
It is believed by many employees that Sunday is a mandatory off or a holiday by the law. However, no Indian law declares Sunday as a compulsory weekly off for all categories of workers.
Instead, under The Factories Act, 1948 and various Shops and Establishments Acts (applicable at the state level), it is mandatory for employers to provide one day of rest every seven days. Sunday does not have to be the day of rest, it can be any day; it depends on the nature of establishment and employee or staff schedules.
Important Note:
Every employee must be given one week off by their employer. The day off can be rotated and need not be Sunday.
Can a Company Ask Employees to Work on Sundays?
Yes, companies can require employees to work on Sundays as long as they ensure a weekly off on another day. As per labour law working hours regulations, the law does not prohibit Sunday work but protects employees from working seven days continuously.
For instance, under the Factories Act, 1948, if a worker is made to work on their scheduled weekly holiday (even if it is a Sunday), the employer is required to provide a compensatory holiday within the next three days.
Conditions for Legally Working on Sundays:
The overall working hours should not surpass the limits (generally, For a week it is 48 hours and for a day it is 9 hours)
Employees should not work more than 6 days continuously without a rest day.
Compensatory off must be granted if Sunday is worked as a regular day.
Legal View on Working on Public Holidays
Unlike weekly offs, public holidays (also known as national or festival holidays) are observed under state laws and central government notifications. While the Indian Constitution does not define holidays, specific laws and rules provide the basis for them:
Mandatory Public Holidays:
Most states require the following three national holidays to be observed across all businesses:
26th January (Republic Day)
15th August (Independence Day)
2nd October (Gandhi Jayanti)
In addition to these, state governments notify several festival or regional holidays depending on local culture and religion.
Can an Employer Require Work on a Public Holiday?
Yes, but with conditions. If an employee is required to work on a declared public holiday, then the employer must provide either:
Increase the pay to twice the usual daily rate (2 x the normal daily wage), OR
A compensatory paid holiday on any other day
This is primarily governed under:
Factories Act, 1948 (for manufacturing units)
Shops and Establishments Act (for commercial establishments)
Industrial Employment (Standing Orders) Act, 1946
Example:
If a retail worker is made to work on 15th August, they must either receive double wages or a paid holiday on another day of the week.
Understanding the Shops and Establishments Act (State-wise)
Each Indian state has its own Shops and Establishments Act, which governs:
Opening and closing hours
Working hours per day/week
Weekly offs
Paid holidays
Conditions for employing women and young persons
Most states require:
There should be one day at least off per week
Compensatory off or double wages if working on a festival/public holiday
For example:
Delhi Shops & Establishments Act, 1954: Mandates one day off and payment for public holidays. The employee should be awarded with compensation if they work on a holiday
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017: Requires at least 24 hours of rest in a week and holiday benefits for notified public holidays.
Can an Employee Refuse to Work on a Sunday or Holiday?
Employees generally cannot be forced to work on Sundays or public holidays without their consent , especially if:
It’s not included in their employment contract or HR guidelines
There is no provision for compensatory off or extra pay
The day holds religious significance for the employee
However, if the employee’s contract or service conditions include rotational shifts or Sunday work, refusal without valid reason could lead to disciplinary action.
Employer Responsibilities Before Assigning Sunday or Holiday Work
Before assigning work on a Sunday or holiday, employers must ensure:
Clear Employment Contracts: The offer letter or appointment contract should mention rotational weekly offs or Sunday work possibilities.
Compliance with Work Hours: Ensure the weekly hours do not exceed 48, and daily hours stay within legal limits.
Compensation Mechanism: Provide compensatory offs or double wages for work on a weekly off or public holiday.
Maintain Records: Proper wage and attendance registers must be updated to reflect work on holidays or Sundays.
Sector-Specific Practices
IT and BPO Sector
These sectors usually work 24/7.
Rotational weekly offs are common.
Holiday work is compensated through alternate holidays or incentives.
Retail and Hospitality
Many outlets operate all days, including Sundays and festivals.
Weekly offs are rotated among staff.
Work on public holidays attracts special allowances or leaves.
Healthcare
Hospitals, clinics, and labs work on all days.
Employees work in shifts and have different off days.
Holiday and Sunday work is routine and managed by rosters.
Manufacturing/Factories
Governed by Factories Act.
One weekly off is compulsory.
Work on Sunday is allowed, when a compensatory off is given.
Penalties for Non-Compliance
Employers failing to comply with these legal provisions may face:
Fines and penalties under the Factories Act or Shops & Establishments Act
Inspections and orders from Labour Inspectors
Legal complaints by employees in Labour Courts or through unions
Damaged employer branding and employee dissatisfaction
Employee Rights Checklist
Employees should be aware that they have the right to:
Receive one weekly off (Sunday or any other day) Either Get the double pay for the work on holiday or compensatory off should be Be informed about shift/holiday policies in advance Raise complaints in case of forced work without benefits
Best Practices for Employers
To ensure compliance and good employee relations, companies should:
Communicate working days and holiday policies clearly
Rotate off days fairly among employees
Offer incentives for working on national holidays
Maintain compliance records to avoid labour disputes
Final Thoughts
To sum up, working on Sundays and holidays is legally permitted in India, but only when the rules for weekly offs, compensatory holidays, and proper compensation are strictly followed. Neither a Sunday holiday nor any other day can be designated as a universally compulsory off—what matters is that workers are provided with due rest and fair compensation, except in cases like a restricted holiday, which is optional for employees based on company policy.
Both employers and employees should stay informed about their rights and obligations to maintain a transparent and compliant work environment.
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Disclaimer
The motive of article is solely for general informational purposes and is not a legal advice. While efforts have been made to ensure the accuracy of the content, laws and regulations may change and vary based on jurisdiction. Readers are advised to consult with a qualified legal professional or labour law expert for guidance specific to their situation. Any actions solely based on the information provided in this article here are not the responsibility of the publisher or author.