Section 23 in The Rajasthan Minimum Wages Rules, 1959
23. [ Weekly day of rest. [Substituted, by notification No. F. 1 (7)(9) L & E/66, dated 14-8-1967, published in Rajasthan Gazette Part 4-C, Extra-ordinary dated 14-8-1967.]
(1)Where a worker in a schedule employment in respect of which minimum rates of wages have been fixed under the Act, has worked in the scheduled employment under the same employer for a continuous period of not less than six days, he shall subject to the provisions of this rule, be allowed a day of rest every week (here-in-after referred to as "rest day") which shall ordinarily be Sunday:Provided that the employer may fix any other day of the week as the rest day for any worker or class of workers in that scheduled employment:Provided further that the worker shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of notice to that effect in the place of employment at a place to be specified by the Inspector in this behalf.Explanation. - For the purpose of the computation of the continuous period of not less than six days specified in this sub-rule.(a)any day on which any worker is required to attend for work but is given only an allowance for attendance and not provided with work; and(b)any day on which a worker is laid off on payment on compensation under the Industrial Disputes Act, 1947, shall be deemed to be days on which the worker has worked.(2)Any such worker shall not be required or allowed to work in a scheduled employment or the rest day unless he has had or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day.Provided that no substitution shall be made which will result in the worker 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 worker works 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, the 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)A worker 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 or the substituted rest day at the rate applicable to the next preceding day:Provided that where the minimum daily rate of wages of the worker, as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty six or where the actual daily rate of wages of the worker has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages of the worker is not less than the notified minimum daily rate of wages of the worker, no wages for the rest day shall be payable, and in case the worker works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked an amount equal to the wages payable to him at the overtime rate:Provided further that in the case of a worker governed by a piece-rate scheme, the wages for the rest day, or as the case may be, for the rest day and the substituted rest day, shall be such, as the State Government may from time to time, specify in this behalf having regard to the minimum rates of wages fixed under the Act in respect of the scheduled employment.Explanation. - In this sub-rule, "next preceding day" means the last day on which the worker 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 worker has worked, which precedes the rest day.(5)The provisions of this rule shall apply to the worker in scheduled employment other than agricultural employment.(6)The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which a worker 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 worker shall be entitled only to the more favourable terms aforesaid.Explanation. - For the purpose of this rule, "Week" shall mean a period of seven days beginning at midnight on Saturday night].
