(I) Where an employee in a scheduled 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 (hereinafter referred to as "rest-day"), which shall ordinarily be Sunday :
Provided that the employer may fix any other day of the week as the restday for any employee or class of employees in that scheduled employment
Provided further that the employee shall be informed of the, day fixed as the rest-day of 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 a place to be specified by the Inspector in this behalf.
Explanation.—For the purpose of computation of the continuous period of not less than six days specified in this sub-rule-
(a) any day on which any employee is required to attend for work, but is given onlyan allowance for attendance and not provided with work, and
(6) ally day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947, shall be deemed to be days on which the employee has worked.
(2) Any such employee shall not be required or allowed to work in a scheduled employment on 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 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 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) 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 over-time rate and wages for the substituted rest-day at the rate applicable to the next preceding day :
Provided that where the minimum daily rate of wage of the employee 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 employee has been worked out by dividing the monthly rate of wages by twentysix and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, no wages for the restday shall be payable, and in case the employee works on the rest-day has been given a substituted rest-day, lie shall be paid only for the rest-day and on which he worked an amount equal to the wages payable to him at the overtime rate :
Provided further that in the case of an employee governed by piece-rate scheme the wages for the rest-day, or as the case may be, the rest-day and the substituted rest-day, shall be such as the State Government may from time to time prescribe, 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 employee has worked, which precedes the rest-day of the substituted restday, 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, if 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 be more favourable terms aforesaid.
Explanation.—For the purposes of this rule, "week" shall mean a period .of seven days beginning at midnight on Saturday night.
24 . Number o f hours o f work tha t sha l l cons t i tut e a " no rmal working day.--(l) The number of hours of work constituting of a normal working day shall--
(a) in the case of an adult employee, be 9 hours, inclusive of intervals for rest as specified in sub-rule (2) below ;
(b) in the case of a child, be 44 hours ; and
(c) in the case of an adolescent, be 9 hours or 44 hours, as the case May be, according as the adolescent may be certified to work as an adult or a child by a registered medical practitioner approved by the State Government.
(2) The period of work of an adult employee each day shall be so fixed that no period shall exceed five hours and that no employee shall work for more than five hours before he has had an interval for rest of at least half an hour.
(3) The provisions of sub-rules (1) and (2) of this rule shall, in the case of employees in agricultural employment, be subject to such modifications as may from time to time be notified by the State Government.
24 -A. The provisions of Section 13(1) and Rules 23 and 24 shall apply to the classes of employees specified in Section 13(2) only to the extent and subject to the conditions specified below :
(i) No employee shall be allowed or required to work continuously for a period of more than fourteen days without a rest day of 24 consecutive hours.
(v)
(ii) Every employee shall be allowed a substituted rest day within a fortnight of the rest day on which he is allowed or required to work and an intimation thereof shall be sent to the Inspector so as to reach him at least 24 hours before the substituted rest day is allowed.
(iii) No employee shall be allowed or required to work for more than 13 hours in a day.
(iv) The payment for the work done in excess of the normal working hours fixed in Rule 24 shall be made at the overtime rate fixed by the State Government under the Act.
A notice of qvertime work to be taken from the employees shall be fixed in tfie premises of the employment before the commencement of he work mentioning the names of the persons put on overtime work and the purpose and duration of such employment. A copy of such notice shall also be sent to the Inspector concerned within 24 hours of the start of the work.
25. The provisions of Rules 23 and 24 shall not operate to the prejudice of any rights to which an employee may be entitled under the U.P.
Factories Act, 1948, or the U. P. Shops and Commercial Establishments Act, 1947, where either of these Acts, is applicable.
25-A. (i) Where an employee in a nheduled employment is governed by the provisions of the Factories Act, 1948 or the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1952 or any other enactment prescribing such extra wages for overtime as are more beneficial than the extra wages for overtime prescribed hereinafter in this rule, he shall receive overtime wage at 'the rates prescribed by the said enactment.
(ii) In cases not covered by sub-rule (1) when an employee in a Scheduled employment works for more than the number of hours of work constituting normal working day or for more than 54 hours a week he shall in respect of every hour or part of an hour so worked in excess be paid at the following overtime rates namely—
(a) in the case of employment in agriculture and tea plantation one and a half times the ordinary rates of wages ;
(b) in case of any other Scheduled employment at double the ordinary rates of wages :
Provided that the period of overtime in all the scheduled employments other than employment in agriculture and tea plantation shall not exceed 200 hours in the aggregate in any calendar year.
(iii) No child shall be allowed to work overtime.
However, an adolescent who has been certified under Section 70 of the U. P. Factories Act, 1948 (Act No. LXIII of .1948) to work as an adult, may be required to work overtime within the limit prescribed under clause (b) of sub-rule (ii).
Explanation.—The expression "ordinary rates of wages" means the basic wages plus cost of living allowance and value of the concessions in respect of Supplies of essential commodities at concessional rates where so authorized but dose not include bonus.
(v) Register showing overtime payment shall be kept in Form XVII