Section 40 in U.P. Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009
40. Substituted rest day and payment for work done on the rest day.
(1)No building worker employed in building or other construction work shall be required or allowed to work on a rest day unless he already had or will have a substituted rest day for a whole day on one of the five days immediately before or after such rest day :Provided that no substitution shall be made which results in a building worker working for more than ten days consecutively without a rest day for a whole day.(2)Where a building worker employed in building or other construction work has worked on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, as provided in Rule 38 and sub-rule (i) of this rule, such rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which such substituted rest day occurs.(3)A building worker employed in building or other construction work shall be granted wages for a rest day, calculated at the rate applicable to the day preceding such rest day and in case he has Worked on a rest day and has been given a substituted rest day he shall be paid wages for such rest day on which he worked, at the overtime rate and wages for such substituted rest day at the rate applicable to the day preceding such substituted rest day.Explanation I. - For the purpose of this rule "preceding day" means the last day preceding a rest day or a substituted rest day, as the case may be, on which a building worker had worked and where such substituted rest day falls on a day immediately after such a rest day such "preceding day" means the last day preceding such rest day on which such building worker had worked.Explanation II. - For the purposes of this rule, "week" shall mean a period of seven days beginning at midnight on a Saturday night.
