Section 28 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)The appropriate Government may, by rules,--
- (a)fix the number of hours of work which shall constitute a normal working day for a building worker, inclusive of one or more specified intervals;
- (b)provide for a day of rest in every period of seven days which shall be allowed to all building workers and for the payment of remuneration in respect of such days of rest;
- (c)provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29.
- (2)The provisions of sub-section (1) shall, in relation to the following classes of building workers, apply only to such extent, and subject to such conditions, as may be prescribed, namely:--
- (a)persons engaged on urgent work, or in any emergency which could not have been foreseen or prevented;
- (b)persons engaged in a work in the nature of preparatory or complementary work which must necessarily be carried on outside the normal hours of work laid down in the rules;
- (c)persons engaged in any work which for technical reasons has to be completed before the day is over;
- (d)persons engaged in a work which could not be carried on except at times dependant on the irregular action of natural forces.
Summary
- The government sets the number of hours that make up a normal working day.
- A normal working day must include one or more specified rest intervals.
- Workers must be given one day of rest for every seven-day period.
- Workers must be paid for this day of rest.
- If a worker is required to work on their rest day, they must be paid at the overtime rate.
- Certain exceptions apply for urgent work, emergencies, or work that depends on natural forces.
Practical examples
FAQ
1. Does Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 require a weekly holiday?
Yes, Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 requires one day of rest in every period of seven days.
2. Are workers paid for their day of rest under Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Yes, Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 states the government provides for payment of remuneration for days of rest.
3. What happens if a worker works on their holiday under Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
They must be paid at a rate not less than the overtime rate specified in Section 29, as mandated by Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
Test yourself
Q1.Under Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, a normal working day must include what?
Q2.According to Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, how many days of rest are required in a week?
Q3.Based on Section 28 and Section 29 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, what is the minimum pay for working on a rest day?
Q4.Which situation allows for an exception to the normal hours under Section 28 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?