Section 52 of the Factories Act 1948: Weekly Holidays and the Current Law
Section 52 of the Factories Act, 1948 dealt with weekly holidays for adult factory workers. The legal framework has since changed. From 21 November 2025, the Occupational Safety, Health and Working Conditions Code, 2020 came into force, and Section 26 of that Code now contains the central provision on weekly and compensatory holidays.
What Section 52 of the Factories Act provided
Under the former Section 52, an adult worker ordinarily could not be required or allowed to work in a factory on the first day of the week unless a whole-day substituted holiday was provided on one of the three days immediately before or after that day and the prescribed notice requirements were followed.
The provision also restricted substitution where it would cause a worker to work for more than ten consecutive days without a whole-day holiday. It contained procedures for cancellation of notices and rules for allocating the substituted working day when weekly hours were calculated.
Former Section 52 in practical terms
- A weekly holiday was the general rule for an adult factory worker.
- A substituted whole-day holiday could be arranged within the statutory three-day window.
- The factory manager had to give notice to the Inspector and display the required notice in the factory.
- The substitution could not result in more than ten consecutive working days without a whole-day holiday.
- The section also addressed cancellation of notices and calculation of weekly hours in the specified situation.
Current law: Section 26 of the OSHWC Code 2020
Section 26 is titled Weekly and compensatory holidays. Its basic rule is broader in form: a worker cannot be allowed to work in an establishment for more than six days in any one week.
Section 26(1): No worker shall be allowed to work in an establishment for more than six days in any one week.
The section contains a special proviso for a motor transport undertaking where work on a weekly holiday may be required to prevent dislocation of the service, subject to the statutory restriction against working for more than ten consecutive days without a whole-day holiday.
Section 26(2) permits the appropriate Government, by notification and subject to prescribed conditions, to exempt workers from the general weekly-holiday rule. Under Section 26(3), where a worker loses weekly holidays because of an exemption under the Code, an equal number of compensatory holidays must be allowed within the month in which the holidays were due or within the following two months.
Central Rules on weekly and compensatory holidays
The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified on 8 May 2026. For establishments for which the Central Government is the appropriate Government, Rule 67 deals with display of the weekly holiday and Rule 68 deals with compensatory holidays. State rules and notifications should be checked where the State Government is the appropriate Government.
Rule 67 requires the employer to post the weekly-holiday notice at conspicuous places in the workplace and permits digital display such as an electronic notice board. Where the holiday differs between relays, sets of workers or individuals, the notice must identify the holiday applicable to them in the prescribed manner.
Section 52 and Section 26: important change
The old Section 52 was framed specifically around adult workers in factories and the first day of the week, with a detailed substituted-holiday and notice mechanism. Current Section 26 states a general six-days-in-a-week limit for a worker in an establishment, subject to the Code's scope, exemptions and special provisions. Therefore, the old three-days-before-or-after substitution mechanism in Section 52 should not be presented as the general current central rule.
Official legal sources
For compliance or professional use, read the current provision together with the applicable Central or State rules, exemptions and notifications. The following Government sources provide the principal central materials:
Frequently asked questions
Is Section 52 of the Factories Act still the current weekly-holiday provision?
No. The OSHWC Code came into force on 21 November 2025 and repealed the Factories Act, 1948. The current central provision on weekly and compensatory holidays is Section 26 of the OSHWC Code, subject to its applicability and the relevant rules and notifications.
How many days may a worker work in one week under Section 26?
The general rule in Section 26(1) is that a worker shall not be allowed to work in an establishment for more than six days in any one week. The Code contains a specific proviso for motor transport undertakings and also permits notified exemptions under Section 26(2).
When are compensatory holidays required?
Under Section 26(3), where a worker is deprived of weekly holidays because an establishment or its workers are exempted from Section 26(1) under the Code, equal compensatory holidays must be allowed within the month in which they were due or within the next two months.
Updated: 26 September 2026. This page is a general legal reference. Applicability may depend on the establishment, appropriate Government, State rules, notifications, exemptions and facts of the case.