Weekly Rest Days and Public Holidays

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What are the relevant laws on weekly rest days and public/festival holidays?

Weekly rest days and festival holidays are determined under the Factories legislation, Shops and Establishments legislation and Standing Orders legislation. The details of these laws are as under: 

Factories Legislation

  • 1. The Factories Act, 1934
  • 2. The Factories Act, 1934 (adapted by the province of Punjab through Amendment Act of 2012)
  • 3. The Khyber Pakhtunkhwa Factories Act, 2013
  • 4. The Sindh Factories Act, 2015

 

Shops and Establishments Legislation

  • 1. The Shops and Establishments Ordinance, 1969
  • 2. The Shops and Establishments Ordinance, 1969 (adapted by the province of Punjab through Amendment Act of 2014)
  • 3. The Khyber Pakhtunkhwa Shops and Establishments Act, 2015
  • 4. The Sindh Shops and Commercial Establishment Act, 2015

Standing Orders Legislation

 

  • 1. The Industrial and Commercial Establishments (Standing Orders) Ordinance, 1968 (applicable in ICT and Balochistan)
  • 2. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (adapted by the province of Punjab through Amendment Act of 2012)
  • 3. The Khyber Pakhtunkhwa Industrial And Commercial Employment (Standing Orders) Act, 2013
  • 4. The Sindh Terms of Employment (Standing Orders) Act, 2015

 

How many weekly holidays am I allowed to have?

If you are working 8 or 9 hours/day, you are eligible for a one-day holiday in a week. It can be either day in a week and can also be the day when your establishment is closed. However, if you are required to work on your holiday, you can’t be made to work consecutively for 10 days without being given a compensatory holiday for full one day. Your weekly holidays are paid and your employer can’t deduct money for these holidays.

What if I am asked to work on a weekly holiday/rest day?

Your employer can ask you to work on a weekly holiday (Sunday or any other assigned weekly rest day) however you must have already been granted a holiday for one whole day in one of the three days immediately before that Sunday or be granted a holiday immediately three days after that Sunday. An organization requiring its workers to work over the weekend must also deliver notice to the office of labour inspector and also display a notice in the factory. There is no overtime premium for work on weekly holidays.

Moreover, if you are made to work on your holiday; you can’t be made to work consecutively for 10 days without being given a compensatory holiday for full one day.

What are compensatory holidays under Factories legislation? 

If the provincial government passes an order to exempt a factory or a class of workers from above provisions of weekly rest day and these workers are consequently deprived of any of the weekly holidays, those workers will be allowed, as soon as circumstances permit, compensatory holidays of equal number. It is illegal for an employer to give wages to a worker in lieu of compensatory holidays and make him work during that period.

Factories Act does not require an employer to give compensatory holidays to its workers within a specified period of time and rather it leaves it to the discretion of an employer.

According to Punjab Factories Rules, compensatory holidays should be arranged as such that there are not more than 2 compensatory holidays in a given week. These holidays are to be given before a worker is discharged or dismissed.

How many festival holidays are in a year? What is the difference between public, gazetted and festival holidays?

The provincial government announces festival holidays, and these are usually 14 in number. These are provided with full pay. However, if a holiday falls on Sunday, there is no substitution for it.

Although the law mentions only festival holidays, there is no difference in the public, gazetted and festival holidays as they are all paid holidays.

The table below shows the expected dates for festival holidays in the year 2020. It is important to remember that the Muslim festivals are subject to the appearance of the moon, so these dates may slightly change. If you belong to any of the non-Muslim communities, you will be granted a holiday with pay on your festivals. The provincial governments also issue notifications in this regard. The information below is based on a notification issued by the Federal Ministry of Interior.

Public/Festival Holidays in 2020

Name of Occasion

Dates in 2020

Days

Kashmir Day

February 05

Wednesday

Pakistan Day

March 23

Monday

Labour Day

May 01

Friday

Eid ul Fitr (Shawwal 01)*

May 25-27

Monday, Tuesday and Wednesday*

Independence Day

August 14

Friday

Eid ul Azha  (Zil Haj 10)*

July 31; August 1-2

Friday, Saturday and Sunday*

Ashura / Muharram  (09-10)*

August 29-30

Saturday and Sunday*

Eid Milad un Nabi (Birthday of the Prophet Muhammad PBUH)            (12 Rabi ul Awwal)*

October 30

Friday*

Quaid-e-Azam Day / Christmas

December 25

Friday

 

 

 

 Muslims festival holidays are dependent on the sighting of the moon and thus a separate notification is issued later on. The dates mentioned above are anticipated dates and are subject to change, depending on the moon appearance. 

Bank Holidays

Name of Occasion

Dates in 2020

Days

1 January 2020

January 1

Wednesday

1 Ramazan 1441 AH* 

April 24

Friday

Closing of Financial Year

July 1

Wednesday

On Bank holidays, banks are closed for public dealing only but not for their own employees. 

Muslim Optional Holidays

Name of Occasion

Dates in 2020

Days

Shab-e-Miraj (Rajab 27)*

March 23

Monday

Shab-e-Barat (Sha`aban 15)*

April 9

Thursday

Chehlum (Safar 20)*

October 8

Thursday

Giyarveen Shareef (Rabi us Sani 11)*

November 28

Saturday

  The dates of Muslim optional holidays are anticipated dates and are subject to change, depending on the moon appearance. 

Christian Community Workers

Name of Occasion

Dates in 2020

Days

New Year Day

January 01

Wednesday

Good Friday

April 10

Friday

Easter (and the day after)

April 12-13

Sunday and Monday

Day after Christmas

December 26

Saturday

 

Hindu Community Workers

Name of Occasion

Dates in 2020

Days

Basant Panchami

January 29

Wednesday

Shivaratri

February 21

Friday

Holi

March 9

Monday

Dulhandi

March 10

Tuesday

Janam Ashtami

August 11

Tuesday

Durga Puja

October 23

Friday

Dussehra

October 25

Sunday

Birthday of Guru Valmik Sawami Ji

October 24

Wednesday

Dussehra

October 31

Saturday

Diwali

November 14

Saturday

 

Sikh Community Workers

Name of Occasion

Dates in 2020

Days

Baisakhi (Vaisakhi)

April 13

Monday

Guru Nanak's Birthday

November 30

Monday

 

Parsi Community Workers

Name of Occasion

Dates in 2020

Days

Parsi New Year Day (Nauroze)

August 16

Sunday

Birthday of Khordad Sal (Lord Zoaraster)

August 21

Friday

 

Buddhist Community Workers

Name of Occasion

Dates in 2020

Days

Buddha Purnima (Vesākha)

May 7

Thursday

 

Bahai Community Workers

Name of Occasion

Dates in 2020

Days

Eid-e-Rizwan

April 20

Monday

 

What if I have to work on a public holiday?

Your employer can ask you to work on a public holiday. However, work on a festival/public holiday is compensated at three times (300%) the ordinary rate of pay if substitute and compensatory holiday are not allowed. ILO also supports compensation for working on public holidays. In accordance with the ILO convention on working conditions in hotels and restaurants, if workers are required to work on public holidays, they have to be properly compensated.

Factories Act requires employers to give their workers holidays with pay on all days declared by the government as festival holidays. A worker may be required to work on a public holiday but one day's additional compensatory holiday with full pay and a substitute holiday be allowed to him. This equals to 300% of the ordinary rate of wages.

What is the responsibility of an employer with regard to weekly rest days and festival holidays? 

You employer is required to give you holidays with pay on all weekly rest days and festival holidays as and when announced by the government. Employers are further required to put all such information on notice boards specifying the days observed by the industrial establishment or commercial establishment as holidays. Similarly, the days and dates for such festival holidays should be notified to the employees by the employer at the beginning of the calendar year.

 

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