CourtMesh

Section 238: Weekly rest, payment for work done on the day of rest at overtime rate, etc

The Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Jharkhand Rules, 2006State Rules of Jharkhand · 1996

(1) Subject to the provision of these rules, each building worker employed in building and other construction work 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:

Provided that the building worker shall be informed of the day fixed as the rest day and of any subsequent change in such rest day before the change is effected, by display of a notice to the effect in the place of employment at the place specified by the Inspector having jurisdiction in this behalf.

(2) 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.

(3) 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 Cays before or after the rest day, as provided in sub-rule (1) and sub-rule (2), 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.

(4) 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 98 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.

239. Night Shifts - Where a building worker employed in building or other construction work works on a shift which extends beyond midnight;

(a) a rest day for the purposes of rule 238 shall mean a period of twenty four consecutive hours beginning from the time when such shift ends ;

(b) the hours after midnight during which such building worker has worked shall be counted towards the previous day ; and

(c) the following day shall be deemed to be the period of twenty four hours beginning from the time when such shift ends.

Where this provision sits

ActThe Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Jharkhand Rules, 2006
Section238
Marginal noteWeekly rest, payment for work done on the day of rest at overtime rate, etc
JurisdictionState of Jharkhand
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Building and Other Construction Workers' (Regulation of Employment and Conditions of… is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.