Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961
- (1)The State Government may, by notification in the Official Gazette, make rules providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers.
- (2)Notwithstanding anything contained in sub-section (1), an employer may, in order to prevent any allocation of a motor transport service, require a motor transport worker to work on any day of rest which is not a holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a holiday for a whole day intervening.
- (3)Nothing contained in sub-section (1) shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six days.
Summary
- The State Government has the power to make rules that guarantee a day of rest for all workers every seven days.
- In emergencies, an employer can require a worker to work on their scheduled rest day to prevent service disruptions.
- Even in an emergency, a worker cannot be made to work more than ten consecutive days without having a full day off.
- This weekly rest rule does not apply to temporary workers who have been employed for less than six days total.
- The employer can only cancel a rest day if that day is not already a public holiday.
Practical examples
FAQ
1. How many days of rest are required under THE MOTOR TRANSPORT WORKERS ACT, 1961 Section 19?
Under Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961, rules must provide for one day of rest in every period of seven days.
2. Can an employer make someone work on their rest day under Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961?
Yes, Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961 allows this to prevent service disruption, provided the day is not a holiday and certain limits are met.
3. What is the maximum number of consecutive working days allowed by THE MOTOR TRANSPORT WORKERS ACT, 1961 Section 19?
Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961 states a worker cannot work for more than ten days consecutively without a full day of rest.
4. Does weekly rest apply to workers employed for only five days under THE MOTOR TRANSPORT WORKERS ACT, 1961 Section 19?
No, Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961 does not apply to any worker whose total period of employment is less than six days.
Test yourself
Q1.Under Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961, how often must a day of rest be allowed?
Q2.Under THE MOTOR TRANSPORT WORKERS ACT, 1961, what is the absolute limit for consecutive working days if the weekly rest is postponed under Section 19?
Q3.Under Section 19 of THE MOTOR TRANSPORT WORKERS ACT, 1961, who has the power to make the specific rules for the day of rest?
Q4.Under THE MOTOR TRANSPORT WORKERS ACT, 1961, Section 19 does not apply if total employment is less than how many days?