Section 24 in The Minimum Wages (Madhya Pradesh) Rules, 1958
24. [ Weekly day of rest. [Substituted by Notification No. 5841-4749-XVI, dated 25-8-1966.]
(1)Subject to the provisions of this rule, an employee in a scheduled employment in respect of which minimum rates of wage have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the rest day) which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment :Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days :Provided further that the employee shall be informed of the day fixed as the rest day or any subsequent change in the rest day before the change is effected by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf.Explanation. - For purposes of the first proviso to this sub-rule, an employee who is required to attend to work on any day but is given only an allowance for attendance and is not provided with work, for any reasons other than any enumerated in Rule 26 shall be treated as having worked on that day.(2)Any such employee shall not be required or allowed to work in a scheduled employment on the rest day unless-(a)he has or will have a substituted rest day for a whole day on one of the three days immediately before or after the rest day; and(b)prior intimation is given by the employer to the employee of his intention to require the employee to work on the rest day and also of the day which is to be substituted :Provided that no substitution shall be made which will result on the employee working for more than ten days consecutively without a rest day for whole day.(3)Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the three days before or after the rest day, the said rest day shall, for the purpose of calculating the weekly hours of work be included in the week in which the substituted rest day occurs.(4)An employee shall be granted for the rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day.Explanation. - In this sub-rule, next preceding day means the last day on which the employee has worked which precedes the rest day or the substituted rest day, as the case may be, and where the substituted rest day falls on a day immediately after the rest day the next preceding day means the last day on which the employee has worked which precedes the rest day.(5)The provisions of this rule shall apply to the employees in scheduled employments other than agricultural employment.(6)The provisions of this rule shall not operate to the prejudice of more favourable terms, it any, to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to the more favourable terms as aforesaid.Explanation. - The word "week" used in this rule will mean period of seven days beginning at midnight on Saturday night.]
