The rise of hybrid work, tight deadlines, and “always-online” corporate culture has blurred the line between workdays and personal time for many employees in India. Across sectors — from IT and consulting to startups and financial services — employees are increasingly being asked to work on weekends, public holidays, and even during approved leave periods.
However, legal experts say Indian labour laws provide clear protections regarding weekly offs, national holidays, and employee leave rights. Employers may ask employees to work on off-days under limited circumstances, but such arrangements must comply with compensation rules and employment law requirements.
According to Debjani Aich, Partner at CMS INDUSLAW, Indian labour regulations require employers to provide employees with mandatory weekly rest periods.
“Under both central and state law, an employee needs to be provided with one paid day off per week — this need not be restricted to the weekend,” Aich said.
The rules are governed through the Occupational Safety, Health and Working Conditions (OSH) Code along with state-specific Shops and Establishments Acts. In addition, separate state laws regulate national and festival holidays, under which employees are generally entitled to seven to ten paid public holidays annually.
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Working on public holidays
While companies can ask employees to work on public holidays during operational emergencies or business continuity requirements, employers cannot avoid compensation obligations.
“If an employee is required to work on a public holiday, the employee is typically entitled to twice payment for that day or payment for that day along with a compensatory off,” Aich explained.
Similar principles apply to weekly offs in several states. Employees asked to work on scheduled rest days may be legally entitled to double wages or substitute leave within a prescribed period.
The exact rules, however, can vary depending on the state where the employee works and the category under which the employee is classified.
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Working during leave
Legal experts say approved leave enjoys stronger protection under labour laws than many employees assume.
“As a general view, an employee cannot be asked to work on earned leave that he may have availed,” Aich said, adding that similar protections usually extend to casual and sick leave as well.
However, employment contracts remain a crucial factor.
Certain contracts may contain clauses permitting flexible working arrangements, emergency assignments, or business continuity obligations during off-days. Such clauses may be enforceable if employees have contractually agreed to them and compensation requirements are fulfilled.
“The employment contract is a key compliance document that records an employee’s rights to the said day off,” Aich noted.
She also highlighted that employee classification under labour laws — whether a person is categorized as a “worker” or a broader “employee” — can impact entitlements related to leave, overtime pay, and compensatory offs.
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Why documentation is critical
Lawyers say employees should maintain written evidence whenever they are asked to work during leave, vacations, weekends, or public holidays.
Emails, WhatsApp messages, attendance records, approval trails, and work assignments can become important evidence if disputes arise regarding unpaid compensation, denied leave, or excessive work demands.
“From an employee’s perspective, this documentation is important to establish any breach of the law or the employment contract by the employer,” Aich said.
Documentation is equally important for employers to demonstrate compliance with statutory leave and holiday obligations.
What legal remedies are available?
If employers repeatedly cancel approved leave or require employees to work without compensation, employees can seek remedies under labour laws and contractual provisions.
Experts say forcing employees to work continuously without statutory weekly offs or compensatory benefits may amount to violations under the OSH Code, state labour laws, and the Code on Wages.
Repeated patterns of denying leave or forcing work during vacations may also strengthen claims related to hostile work environments, unfair labour practices, or constructive dismissal.
“Any pattern of repeated leave cancellation or requiring an employee to work on the regular weekly off or during leave is a hostile work environment,” Aich said.
Under the Industrial Relations Code, unfair labour practices can include punitive action against workers in bad faith or misuse of employer authority regarding leave-related disputes.
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