(1)Subject to provisions in this rule, an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the rest days) which shall ordinarily be Sunday, but the employer may fix another day of the week as the rest day for any employee or class of employees in a scheduled employment:Provided that the employee has been continuously employed in the scheduled employment for a period of not less than six days :Provided further that the employees shall be informed of the day fixed as rest day and of any subsequent change in the rest day on display of a notice to that effect in the place of employment.(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 five 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 in the employee working for more than ten days consecutively without a rest day for a 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 in any one of the five 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)Any employee shall be granted for the rest day wages equal to the average daily wages during the preceding week; and in case he works on the rest day and has been given a substituted rest day, the employee shall be paid, in addition to the wages payable for the rest day on which he has worked wages for the substituted rest day equal to the average daily wages during the preceding week :Provided that no such wages for the rest day or for the substituted rest day shall be payable where the minimum daily rate of the wages the employees as notified under the Act had been worked out by dividing the minimum monthly rate of wages by twenty six and if any difficulty or doubt arises in this regard the same shall be referred to the Director of Industries and Labour Delhi, for decision.Note. - For the purpose of this sub-rule average daily shall not include overtime.(5)The provision of this rule shall apply to the employees in scheduled employment other than agricultural employment.(6)The provisions of this rule shall not operate to the prejudice or more shall they apply in addition to, more favourable terms if any, to which an employee may be entitled under any law or under the terms of any award, agreement of contract of service.Explanation. - The word 'week' use in this rule will mean a period of seven days beginning at mid-night on Saturday night.
