One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Forcing you to work on your weekly off or deducting salary for not doing so is generally illegal under Indian labour laws and your employment contract. You have rights under the Shops and Establishments Act and the contract law principle that your offer letter terms are binding. Anonymous complaints can be made to the labour commissioner.
Rohan Gupta worked at a sales firm in Indore. His offer letter clearly stated Sunday as a weekly off. But around early July 2025, the company announced a new rule: bottom performers — whose targets kept creeping up — would have to work on Sundays or face a salary deduction. No written notice. Just verbal threats from managers. Rohan tried raising it internally. Nothing changed. That's when he approached the Chamber of Advocate Sudhir Rao.
What the company was doing wasn't just unethical. It was a clear violation of both the employment contract and state labour law. The office of Advocate Sudhir Rao examined the appointment letter, the company's target policy, and the applicable Madhya Pradesh Shops and Establishments Act. The argument was straightforward: you cannot unilaterally strip away a contractual weekly off and then punish the employee for not working on it. A legal notice was drafted. Within weeks, the company backtracked, reinstating the original weekly off policy for all employees. Advocate Sudhir Rao's specific experience in employment and contract law helped secure this outcome — the client didn't just avoid salary deductions; the entire illegal practice was rolled back.
Key Facts of the Case
- The employment contract (offer letter) explicitly provided for a weekly off on Sunday.
- The new rule was introduced verbally by managers to bottom performers, not through formal written policy.
- The weekly target bar was being raised arbitrarily, making Sunday work a regular expectation.
- Refusing to work on Sunday resulted in the day being marked as "leave without pay" and salary deduction.
- The company did not offer compensatory off or overtime pay for the extra work.
- The applicable state law (Madhya Pradesh Shops and Establishments Act) mandates a weekly day of rest with limited exceptions.
- A legal notice citing contract breach and labour law violation led to the policy being withdrawn.
The Direct Legal Answer
Is it illegal for my employer to force me to work on my weekly off?
Yes, in most cases. Indian labour laws — specifically the Shops and Establishments Act of your state — require employers to provide one day of rest per week. The Factories Act goes further. Your employer cannot compel you to work on your contractual weekly off without compensating you properly. And here's the thing: they certainly can't deduct your salary for refusing to do something that's not in your contract.
Can they deduct my salary if I don't work on Sunday?
No. Salary deduction for not working on a designated weekly off is generally illegal. Your offer letter creates a binding contract. The employer cannot unilaterally change its terms. Deducting pay for exercising a contractual right is a breach of contract and a violation of labour welfare legislation.
What can I do if I'm fired for raising this?
Termination for raising a lawful grievance about working conditions can amount to a retaliatory firing. That's bad news for the employer. You'd have grounds for a claim of wrongful termination under the Industrial Disputes Act or the state Shops and Establishments Act. Document everything.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Start collecting evidence immediately. Screenshots of messages, recordings of verbal instructions (if legal in your state), copies of your offer letter, and pay slips showing deductions. Then send a formal written grievance to your HR or management. If that fails, approach the labour commissioner of your jurisdiction. Make no mistake — this type of matter involves nuanced procedural steps that a general practitioner might miss. An advocate who regularly handles employment disputes will know exactly how to frame your complaint and which forum to approach first.
Applicable Sections of Law
- State Shops and Establishments Act — Typically Sections on weekly holidays, working hours, and overtime. For Madhya Pradesh, it's the M.P. Shops and Establishments Act, 1958.
- Factories Act, 1948 — Section 52 (weekly holidays) applies if your workplace is a factory.
- Indian Contract Act, 1872 — Section 23 (consideration lawful/void) and Section 56 (doctrine of frustration) — the employer cannot unilaterally alter contractual terms without fresh consideration.
- Industrial Disputes Act, 1947 — For retaliatory termination or unfair labour practices under the Fifth Schedule.
Punishment and Penalties
This is not a criminal case with imprisonment provisions under BNS. Violations of the Shops and Establishments Act are penal offences under the state act itself. Typically, an employer can be fined up to Rs. 5,000 to Rs. 25,000 per violation. For repeat offences, fines can go higher and sometimes involve imprisonment of up to 6 months. The labour commissioner can also order back-pay for deducted wages. The employer is also liable under contract law for damages arising from breach of employment terms.
Jurisdiction — Where to File the Case
For labour law violations, you approach the Labour Commissioner's office of your state — specifically the Deputy Labour Commissioner or Assistant Labour Commissioner having territorial jurisdiction over your workplace location. For contractual breach (illegal salary deduction), you can file a civil suit before the civil judge (junior division) of the district where you work or where the employer's registered office is. For wrongful termination, it's the labour court or industrial tribunal under the Industrial Disputes Act. Jurisdiction matters because filing in the wrong forum means your case gets dismissed or delayed.
If You Are the Victim
- Do not confront the employer aggressively — collect evidence silently first.
- Send a written email to HR stating your concerns (keeps a paper trail).
- File a formal complaint with the labour commissioner — you can do this anonymously initially.
- Consult an employment lawyer before signing any new documents or agreements.
- Consider finding a new job — a toxic workplace that violates basic law won't change long-term.
Documents You Must Keep Ready
- Your appointment letter/offer letter showing weekly off terms
- Pay slips showing deductions for weekly off non-attendance
- Screenshots or printed copies of WhatsApp/email communications about the new rule
- Any notice board photos or company circulars
- Attendance records (yours and colleagues, if possible)
- Identity proof (Aadhaar, PAN)
- Timeline of events in a written diary
What Evidence Is Required?
- Primary evidence: Original offer letter, pay slips, written communications from employer
- Documentary evidence: Emails, chat transcripts, photographs of notice boards
- Oral evidence: Your own testimony and that of colleagues who faced the same treatment
- Circumstantial evidence: Pattern of deductions only for Sunday absences
- Electronic evidence: Recorded calls (if one-party consent legal in your state), screen recordings
- Secondary evidence: Certified copies of company policies if originals are withheld
How Courts Typically Approach Such Cases
Labour courts and civil courts in India treat employment contracts seriously. Courts generally take a pro-employee stance in cases of obvious exploitation — like forcing work on weekly offs. The court will first examine the employment contract. If it clearly grants a weekly off, the burden shifts to the employer to justify why they could unilaterally override it. Courts also frown upon salary deductions without a legal or contractual basis. They typically order reinstatement of deducted amounts plus some costs. The process is straightforward but requires timely filing.
Timeline of Legal Process
- Step 1 – Internal grievance: 1-2 weeks to send written complaint and wait for response.
- Step 2 – Labour commissioner complaint: Filing takes 1 day. First hearing scheduled within 30-45 days.
- Step 3 – Show cause to employer: Commissioner issues notice; employer gets 15-21 days to reply.
- Step 4 – Hearing and orders: 2-3 hearings over 3-6 months; order may come within 12 months from filing.
- Step 5 – Appeal (if any): Before the Industrial Tribunal or High Court — adds 6-12 months.
Total process can take 6 months to 2 years depending on backlog and complexity.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Many such disputes are resolved through conciliation by the labour commissioner. The employer may simply agree to stop the practice and pay back deducted amounts to avoid litigation. Lok Adalat can also be approached for pre-litigation or pending cases. If the offence under the state Shops Act is compoundable, a settlement before the commissioner can close the matter. Settlement is often faster and less expensive — but only advisable if the employer agrees to genuinely stop the illegal practice and restore your pay. Never settle without a written agreement.
Common Mistakes People Make
- Ignoring the contract: Not reading the offer letter carefully before signing. You lose leverage if it's vague.
- Delaying action: Waiting months hoping it'll stop. The longer you work Sundays, the harder it is to prove a violation.
- Destroying evidence: Deleting emails or WhatsApp messages once things go bad. That's your best proof.
- Speaking to management without legal counsel: Admitting anything in a meeting can be used against you later.
- Posting on social media: Public rants hurt your credibility in a formal proceeding.
- Engaging a lawyer without domain experience: This is a critical mistake. A general practitioner may not know the procedural nuances of filing before the labour commissioner, the specific provisions of your state's Shops Act, or how to frame a breach of contract claim alongside a labour violation. An advocate who regularly handles employment matters will know exactly which forum to approach, what evidence to preserve, and how to negotiate an out-of-court settlement that protects your interests.
FAQs People Normally Have
Can my employer force me to work on a Sunday if they give a compensatory off later?
If your contract gives you Sunday as a weekly off, the employer cannot unilaterally change it without your consent — even with a compensatory off. Labour law requires either the contract to be honoured or overtime compensation as per the Act. A mere "comp off" without your agreement is likely a violation.
Is it legal to have a 7-day work week in India?
No. Both the Factories Act and state Shops and Establishments Acts mandate one day of rest per week. Continuous work for 7 days without a weekly off is illegal. Some industries (hospitals, essential services) have exceptions, but those require compensatory off or overtime pay.
What is the difference between a weekly off and a leave?
A weekly off is a contractual rest day — you are not supposed to work, and you get paid for it. A leave is an absence from work on a working day. Treating a weekly off as "leave without pay" is legally wrong — it's a rest day, not an absence.
Can I be fired for not working on a Sunday?
If your contract says Sunday is a weekly off, firing you for refusing to work on it could be a wrongful termination. That's an unfair labour practice under the Industrial Disputes Act. You'd have grounds for reinstatement or compensation.
How do I file an anonymous complaint against my employer?
You can send a written complaint to the labour commissioner without revealing your name. Use a private email address, mention only the company name and the violation, and request confidentiality. The commissioner may still need your identity eventually, but initial complaints can be anonymous to protect you from retaliation.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India