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Weekends and national holidays are generally considered off-days for employees, making them a crucial time for relaxation. Unfortunately, not all employees are lucky enough to enjoy this time off, as some bosses may verbally ask them to finish some pending or urgent work.
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While this doesn’t happen to everyone, those who do face such requests, find themselves in a tough spot as they often feel they can’t refuse. Agreeing to these demands means giving up their well-deserved time off.
Malak Bhatt, Founding Partner, NM Law Chambers, said to ET Wealth Online that usually in many Indian private companies, especially those under pressure to perform, it’s quite common for managers to call employees on their off-days, cancel pre-approved leaves citing “project deadlines,” or expect them to be available even during vacation.
Bhatt says: “Much of this is informal and goes unchallenged because employees fear retaliation.”
Bhatt however, cautions that this is illegal as the law says:
- Employees generally cannot be forced to work on Sundays or public holidays without their consent, especially if it is not included in their employment contract or HR guidelines, there is no provision for compensatory off or extra pay, or the day holds religious significance for the employee.
- The critical qualifier is the employment contract. If the contract includes a clause requiring employees to work on rotational shifts or weekends, the employer has a stronger legal argument.
In this article, employees who face this kind of situation can get to know what are their legal rights and how to enforce their rights.
What does the labour code and labour law say about working on off-days?
Prof. Paramjeet Singh Associate Professor of Practice BITS Law School says that weekly off is not an employer’s discretion but an employee’s statutory right. Off days and vacations are also highly regulated under the labour laws, wherein a weekly off is mandatory after every 6 days of work.
According to Singh, if a worker is deprived of such a weekly off, then there is a provision of a compensatory holiday in lieu of the weekly off. It might be difficult to prove such extra work, and therefore, it is always advisable to keep a record of such requests from the employer as evidence, which might be in the form of email, SMS, WhatsApp messages, or other recordings.
Singh says: “In a labour court, such evidence might be useful to establish the allegations of violation of labour law and unfair labour practices.”
Bhatt explains:
- The Weekly Holidays Act, 1942: Employees are entitled to at least one day off per week. The Weekly Holidays Act of 1942 protects a usual weekly holiday for non-management workers in shops, restaurants and theatres, and this regulation is applicable to all factory workers in India.
- The Factories Act, 1948 / OSH Labour Code, 2020: Mandates at least one day of rest every seven days. If an employee is made to work on that rest day, they must receive compensatory time off or double wages.
- National and Festival Holidays Act (State-level): Indian labour law requires employers to provide paid leave on public holidays. Employees working on these days must receive double wages or a compensatory day off, depending on company policy and the applicable state law.
- Earned/Privilege Leave: Where the employer refuses to sanction leave applied for 15 days in advance, the worker has the right to encash leave in excess of 63 days in cases where the employee is fired or quits due to death, retirement, resignation, or permanent disability. A manager arbitrarily cancelling approved vacation can expose the employer to a claim for leave encashment.
Why documentation is key for employees working on off-days
According to Bhatt, documenting via email or other official channels about the off-day work is one of the most critical practical steps an employee can take. The reasoning:
- Employees should gather evidence such as emails, witness testimonies, pay slips, etc. to support discrimination complaints. The same principle applies to overtime and holiday violations.
- An email from the employee to the manager serves as a formal record that the instruction was given and the employee complied under pressure.
- Such emails, if preserved, are admissible as documentary evidence before Labour Courts and Civil Courts in India. They can establish a pattern of forced overwork and create a legal obligation on the employer to provide compensation.
- A notice of a minimum of 2 weeks is mandatory for managers to alter the date of an approved leave. If a manager cancels vacation without notice, an email protesting this in real-time strengthens the employee’s legal position.
Know employee’s rights
According to Bhatt, the employee has the following rights:
- Working on an off-day or during sanctioned vacation without compensation or comp-off is a violation of their statutory entitlements.
- If an employee is made to work on a weekend or a public holiday, the law entitles them to receive a compensatory off or additional pay, especially in cases where the company is governed under the Shops and Establishments Act.
- A pattern of vacation cancellations, if documented, can form the basis of a constructive dismissal claim if it creates intolerable working conditions.
Employer’s perspective:
According to Bhatt, the employer can argue:
- The employment contract includes a clause about working “beyond normal hours when business requires.”
- The employee voluntarily worked without raising a formal objection.
- Targets and deadlines are a legitimate business requirement.
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