Workshop On Secretarial Practices - Shops And Commercial Establishments Act(s) In Various States Of India
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A presentation On “Shops and Commercial Establishments Act(s) In Various States of India” (Workshop on Secretarial Practices)
Introduction to ACT Objective: to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act lays down the following rules: • Working hours per day and week. • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. • Employment of children, young persons and women. • Rules for annual leave, maternity leave, sickness and casual leave, etc. • Rules for employment and termination of service.
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Haryana shops and commercial establishments Act and application 1. Short Title, extent, commencement 2. Definitions (closed, closed day, closing hours, day, establishment, family, festival, government, night, opening hour, prescribed, registration certificate, week, year) 3. Act not applicable to certain establishment and persons (offices of or under the Central or State Governments, the Reserve Bank of India, any railway administration or any local Authority, any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the Public) 2/12
4. Provisions of section 9 and sub-section (1) of section 10 not applicable to certain establishments (a) clubs, hotels, boarding houses, stalls and refreshment rooms at the railway stations (b) shops of barbers and hair dressers (c) establishments dealing exclusively in meat, fish, poultry, eggs, dairy produce [except ghee], bread sweets, chocolates, ice, ice-cream, cooked food, fresh fruits, flowers or vegetables; (d) shops dealing exclusively in medicines or medical or surgical requisites (e) shops dealing in articles required for funerals, burials, or cremations. (f) shops dealing exclusively in pans, biris or cigarettes (g) shops dealing exclusively in newspapers or periodicals, editing and dispatching sections of the newspaper office and office of the news agencies 3/12
5. Power of Government to extend the provision of Act 6. Conditions of employments for young persons 7. Hours of employment 8. Intervals for rest and meals 9. Opening and closing hours 10. Close day 11. ‘Employees’ off day in a week
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12. Holidays 13. Registration of establishments 14. Leave 15. Wages for close days and during leave period 16. Wage period 17. Deduction from wages 18. Realizations of compensation
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19. Enforcement and inspection 20. Record 21. Inspection of registers and calling for information 22. Notice of removal 23. Notice by employee
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26. Penalties 27. Protection of officers and their agents from personal liability 28. Power to grant exemptions 29. Prohibition of employment of children (14 years) 30. Condition of Employment of women 31. Maternity benefit
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S No
Comparison of Haryana and Delhi Acts Haryana Delhi
1.
Extent
Haryana
Delhi
2.
Young’s Age
14 years to 18 years
12 years to 18 years
3.
Application for registration Within 30 days
Within 90 days
4.
Change to be communicated
Within 7 days
Within 30 days
5.
Closing to be communicated
Within 10 days
Within 15 days
6.
Intervals for rest and meals For Young: at least half an hour after 3 hours of work For Others: at least half an hour after 5 hours of work
For Young: at least half an hour after 3.5 hours of work For Others: at least half an hour after 5 hours of work
7.
Overtime by adults
Not more than 54 hours a week and not exceeding 150 hours a year 8/12
Not more than 50 hours in any quarter
Comparison of Haryana and Delhi Acts S No Haryana Delhi 8.
Spread over
10 hours a day
10.5 hours in any commercial establishment or 12 hours in any shop.
9.
Spread over for young
10 hours a day
8 hours a day
10.
Maximum allowable time to work for a young
5 hours a day
6 hours a day
11.
Women’s working time not allowed during the interval
8 p.m. to 6 a.m. (Night Time)
between 9 p.m. and 7 a.m. during the summers and between 8 p.m. to 8 a.m. during the winter(October, November, December, January, February and March) 9/12
Comparison of Haryana and Delhi Acts S No Haryana Delhi 12.
Leave
Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days: Provided that a young person shall be entitled to one day’s earned leave for every fifteen days of employment during the year
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days (b) in every year, to sickness or casual leave for a total period of not less than twelve days
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Comparison of Haryana and Delhi Acts S No Haryana Delhi 13.
Notice of dismissal by employee
No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer 7 days previous notice
No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least 1 month before
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S No
14.
Comparison of Haryana and Delhi ActsDelhi Haryana Provisions not mentioned in ‘Haryana Shops and Commercial establishments Act’
--
Cleanliness, Lighting and ventilation, Power to enforce cleanliness, Precautions against fire, Accidents, Appointment of Inspectors
15.
Penalties for not Maintaining Records
Fine up to Rs. 100 Fine from Rs. 25 to Rs. 250 for the first offence, and Rs. 300 for every subsequent offence
16.
Penalty for willfully making false entries
Fine from Rs. 25 to Fine from Rs. 50 to Rs. 250 Rs. 200 or/and or/and imprisonment up to 3 imprisonment up to 3 months months
17.
Penalty for obstructing Inspector
Fine from Rs. 25 to Rs. 200
Fine from Rs. 50 to Rs. 250
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT. (1960)
Objective of this Act To provide for the welfare of the employees employed in the shops and commercial establishments and to regulate the conditions of their work and employment.
Short title, extent and commencement
1. This Act may be called the Kerala Shops and Commercial Establishments Act, 1960. 2. It extends to the whole of the State of Kerala. 3. It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
Daily and Weekly Hours No employee in any establishment shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week provided that the total number of hours of work including overtime, shall not exceed ten hours. Extra wages for overtime work Where an employee, works in any establishment for more than eight hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at the rate of twice the ordinary rate of wages.
REGISTRATION OF THE ESTABLISHMENT The employer of every shops and commercial establishments shall apply for registration in Form B-I with prescribed fee to the competent authority (Assistant labour officer-Grade III) within sixty days from the date on which the establishment commences its work. APPLICATION FOR DUPLICATE REGISTRATION CERTIFICATE If a registration certificate is lost, stolen or destroyed, the employer shall forth with report the matter to the competent authority and make an application for the issue of a duplicate registration certificate along with prescribed fee.
FEES Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year No. of Employees Nil Does not exceed 5 Exceed 5 but does not exceed 10 Not exceeds 20 Exceeds 20 but does not exceeds30 Exceeds 30 but does not exceed 50 Exceeds 50 and but does not exceed 100 101 and above
Fee prescribed Rs. 10.00 Rs. 50.00 Rs. 100.00 Rs. 200.00 Rs. 300.00 Rs. 500.00 Rs. 1000.00 Rs. 2000.00
RENEWAL OF REGISTRATION Every employer shall renew the registration every year atleast 30 days before the expiry of the registration for the previous year. The application for renewal with the registration certificate and prescribed fee shall be submitted to the competent authority within the period. The fee for registration and renewal shall be remitted in the office of the Asst. labour officer concerned or treasury remittance
AMENDMENT OF REGISTRATION Any employer who desires to have his registration certificate amended shall give a notice in Form-B--III to the competent authority with copy to the inspector having jurisdiction over the area in which the establishment is situated along with prescribed fee for amendment of registration certificate.
APPEALS Any aggrieved Person by an order of the competent authority refusing to grant or renew a registration certificate or cancelling or suspending the same may within a period of sixty days of the receipt of the order appeal to the District Labor Officers on Payment of fees Prescribed.
CLOSING OF SHOPS Every shops shall remain entirely closed on one day of the week and a notice shall be permanently exhibited in the shop specifying the day of closure. This is not applicable to shops exempted in the Act or exempted by the Govt.
WEEKLY HOLIDAYS Every Person employed in shops or a commercial establishments shall be allowed in each week a holiday of one whole day. INTERVALS FOR REST Employee in an establishment shall be given rest for atleast one hour before work of four hours. CHANGE TO BE COMMUNICATED The employer shall give notice in the prescribed form to the competent authority and the Inspector having jurisdiction over the area in which the establishment is situated of any change in respect of any of the particulars contained in his application within seven days after the change has taken place.
LEAVE Employees are eligible for leave in lien of: i. Annual leave for 12 days with wages to employees after completion of 12 months continuous service. ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident sustained by him. iii. Casual leave with wages not exceeding twelve days. iv. Six days special casual leave for sterilization operation in the case of male employees and 14 days in the case of female employees, subject to the provision of the Act. DISMISSAL No employee shall be dismissed except on a reasonable cause and subject to Section-18 of the Act. The aggrieved employee may file appeal within sixty days to the date of delivery of the order terminating his services with the employer, to the appellate authority (Deputy labour Commissioner concerned)
Prohibition of employment of children No child shall be required or allowed to work in any establishment except as an apprentice in such employment as may be specified by the Government. Prohibition of employment of women and persons below seventeen years during night No woman or any person who has not attained the age of seventeen shall be required or allowed to work in any establishment before 6 A. M. or after 7 P. M.
PENALTY Whoever commits a breach of the provisions of the Act , he shall be punishable in according with Section-29 and Rule –14 of Kerala shops and Commercial Establishments Act 1960 and Rules 1961. It includes: (a) with fine which may extend to two hundred and fifty rupees and in case of continuing breach with fine which may extend to ten rupees for every day during which the breach continues after convictions for the first breach; or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the competent authority to discontinue such breach.”
Andhra Pradesh Shops And Establishment Act.(1988)
Objective of the act The Andhra Pradesh shops and establishment act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matter connected therewith
Short title, extent and commencement 1. This Act may be called the Andhra Pradesh Shops& Establishment Act1988. 2. It extends to the whole of the State of Andhra Pradesh. 3. It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
Registration of establishment • In case of an establishment existing on the date of commencement of this act, within thirty days from the date. • In case of a new establishment within thirty days from the date on which the establishment commences its work, send to the inspector concerned a statement containing such particulars, together with such fees as may be prescribed • On receipt of such statement, the inspector shall register the establishment in the register of establishment in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place of the establishment.
Revocation or suspension of the registration Certificate
• The registration certificate granted under the section 3 and renewal under section 4 has been obtained by misrepresentation, fraud or suspension of any material fact • The employer has willfully contravened any of the provisions of this act or the rules are made there under.
Renewal of registration certificate • The inspector may, on an application made by the employer accompanied by the fees prescribed thereof renew the registration certificate for a period of one year or for such number of years as may be prescribed commencing from the date of its expiry. • Every application for the renewal of the registration certificate shall be made in to reach the inspector not later than thirty days before the date of its expiry. • An application for the renewal of a registration certificate not later than thirty days after its expiry maybe entertained by the inspector on the applicant paying such penalty as may be prescribed, by the government from time to time
Opening and closing hours of shops No shop shall on any day be opened earlier or closed later that such hours as may, after previous publication, be fixed by the government by general or special order in that behalf. Any customer who has a being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour. Daily & Weekly hours of work in Shops An employee in any shop shall be required or allowed to work therein for more than eight hours a day and forty-eight hours in a week. Any employee may be required or allowed to work in a shop for any period in excess of the limit fixed on payment of overtime wages, subject to maximum period of Six hours in a week.
Fees structure for registration& Renewal: FEES: Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year No. of Employees
Fee prescribed
Nil Employing up to 5 persons Employing 6 and and above and up to 10 persons Employing more than 11and up to 20 persons Employing 21and above and up to 50 persons
Rs. 30.00 Rs. 100.00 Rs. 200.00 Rs. 350.00 Rs.1000.00
Employing 51 persons and above and up to 100 persons
Rs. 2000.00
Employing 101 and above
Rs. 2500
Closing of the Establishment The employer shall, within fifteen days of the closer of the establishment, give intimation thereof in writing to the Inspector, who shall, on receipt of such intimation remove the name of the establishment from the register of establishment and cancel the registration certificate. Penalty Application submitted on or after 2nd December but before 31st Dec (25% of the fees Application). Submitted on or after 1st January (50% of the fees) Leaves Every employee who has served with 240 days or more during a continuous period of 12 months in any establishment shall be entitled during the subsequent period of twelve months , to leave with wages may be accumulated up to a maximum period of sixty days Sick leaves : 12 days Casual Leaves: 12days
Special Provision for women No women employee shall be required or allowed to work in any establishment before 6.00am and after 8.00pm.
Maternity Leave The periods of absence from duty in respect of which a woman employees in entitled to maternity benefit , shall be treated as authorized absence from the duty and the woman employee shall be entitled to maternity benefit.
Minimum Wages rates: For Andhra Pradesh State •
For Unskilled Employees Rs.2386/-p.m
•
For Semi-skilled Employees Rs. 3020/-p.m
•
For Skilled Employees Rs. 3654/- p.m
Maintenance of registers and records and display of notices 1). Every employer shall maintain a register of employment in Form XXII 2). Every employer of an establishment other than a shop shall exhibit in his establishment a notice in Form XXIV specifying the day or days of the week on which his employees shall be given a holiday. 3). Every employer shall maintain a register Form XXV for the leave granted to person employed. 4). The register records and notices relating to any calendar year shall be preserved for a period of three years after the last entry is made therein. 5). Every employer shall maintain a visit book in which an inspector visiting the establishment may recode his remarks regarding any defects that may come to light at the time of his visit or give directions regarding production of any documents required to be maintained or produced under the provisions of the act and the rules. 6) The visit book shall be a bound book more or less of size(18cms*15cms) containing 100 pages.
Any Changes in establishment Every employer shall give intimation to the inspector, in the prescribed form, any changes in any of the particulars in the statement made under sub-section (1) with in fifteen days after the change has taken place. The inspector shall, on the receipt of such intimation and fees prescribed thereof make the change in the register of establishment in accordance with such intimation and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
Comparison of AP and Kerala Acts ANDHRA KERALA 1.
Extended to
2.
Application for registration Within 60 days
Within 30 days
3.
Change to be communicated
Within 7 days
Within 15 days
4.
Closing to be communicated
Within 10 days
Within 15 days
5.
Intervals for rest and meals At least one hour after 4 hours of work
6.
Overtime
Kerala
PRADESH
Not more than 50 hours in any quarter
Andhra Pradesh
-Not more than 6 hours a week.
Comparison of AP and Kerala Acts Kerala
Andhra Pradesh
7.
Spread over
10 and half hours a day
N.M
8.
Women’s working time not allowed during the time interval of
8 p.m. to 6 a.m. (Night Time)
7 p.m. to 6 a.m. (Night Time)
S No
9.
Leave
Kerala
Andhra Pradesh
Annual leave for 12 days with wages to employees after completion of 12 months continuous service. ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident sustained by him. iii. Casual leave with wages not exceeding twelve days. iv. Six days special casual leave for sterilisation operation in the case of male employees and 14 days in the case of
(a) Every employee who has served with 240 days or more during a continuous period of 12 months in any establishment shall be entitled during the subsequent period of twelve months , to leave with wages may be accumulated upto a maximum period of sixty days Sick leaves : 12 days Casual Leaves: 12days
Comparison of AP and Kerala Acts S No
10.
Kerala
Notice of dismissal by employee
Andhra Pradesh
No employee, who has N.M been in the service of the employer continuously for a period of six months shall terminate his employment unless he has given to his employer 1 month previous notice
S No
Kerala
Andhra Pradesh
11.
Penalties
Whoever commits a breach of the provisions of the Act a rules shall be punishable in according with Section-29 and Rule – 14 of Kerala shops and Commercial Establishments Act 1960 and Rules 1961.
Application submitted on or after 2nd December but before 31st Dec (25% of the fees) Application submitted on or after 1st January (50% of the fees)
12.
Encashment of leaves
Every employee in any shop or establishment shall be entitled for encashment of leave with wages for a period of 12 days in a year
Every employee in any shop or establishment shall be entitled for encashment of leave with wages for a period of 8 days in a year
Act not applicable to certain establishment and persons In Punjab, (a) offices of or under the Central or State Governments, (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, postal , telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the public;
In Karnataka, b)Establishment for the treatment or care of the sick or any mental unfit c)Offices of banking company d)Office of legal practitioners e)To persons occupying management positions in any establishment
In Pondicherry b)Work involves travelling canvassers and care takers c)Establishment in mines and oil fields. d)Temporary bazaars held during festivals not exceeding 15 days
Registration of establishments.
In Punjab , within the specified period usually 30 days, the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed form containing: (a) the name of the employer and the manager, if any; (b) postal address of the establishment; (c) the name, if any; of the establishment; (d) number of persons employed;
In UP, every owner of shop or commercial establishment shall within 3 months of the commencement of such business or within 3 months of the commencement of the Act, whichever is later, apply to the chief inspector for registration of his shop or commercial establishment.
• In Pondicherry, the employer may approach the office of the Labor Officer (Enforcement) for registration or Renewal of their Establishment with in seven days of the commencement of the establishment.
ISSUE OF REGISTRATION CERTIFICATE • On receipt of the statement, the authority shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall on
RENEWAL OF CERTIFICATE •
In Punjab & Karnataka, the registration certificate shall be renewable by the 31st. March, every year
•
In UP & Bombay the certificate has to be renewed in a prescribed time period. Thirty days grace time shall, however, be allowed for the renewal of the certificate.
ENFORCEMENT AND INSPECTION
In Punjab & Karnataka
• Government may, by notification appoint such persons or such class of persons as it thinks fir to be inspecting officers for the purposes of this Act within such local limits as it may assign to them, respectively. • Subject to any rules made by Government in this behalf an inspecting officer may, within the local limits for which he is appointed— (a) enter at all reasonable times and with such assistants, if any being persons in the service of Government or of any local authority as he thinks fit, any place which is or which he has reason to believe to be an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying
In UP, • Every employer shall maintain an Inspector’s visit and inspection book in shop or commercial establishment and shall produce the same before the inspector on demand. • Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages , a register of leave , a register of deductions from
WAGES In Punjab, (1) Every person responsible for the payment of wages to an employee shall fix a period in respect of which such wages shall be payable. (2) No wage period shall exceed one month. (3) The wages of every person employed shall be paid before the expiry of the seventh day from the
WAGES In UP • Every employer shall fix a wage period that can be monthly, fortnightly weekly or daily. Where the wage period consists of a month, every employer shall pay the wages to his employee, before the expiry of the seventh day after the last day of the wage period • If an employee be absent on a day on which payment would have been made, but for such absence the payment shall be made within 3 days after the employee returns to work or demands payments.
In Karnataka, Wages are to be paid by the employer as in accordance within the prescribed time provided in Payment of Wages Act 1936
DEDUCTION FROM WAGES In Punjab, no deductions from the wages of an employee shall be made except following - those authorized by or under the Payment of Wages Act,1936, in so far as such deductions are applicable to the employee and in such manner, to such extent and to subject to such conditions as are specified in that Act.
In UP, no deductions from the wages of an employee shall be made except following conditions• fines ; deductions for absence from duty • for house-accommodation supplied by the employer , • recovery of advances or of over-payments of wages • income tax payable by the employed person • deductions required to be made by order
In Bombay subject concerned to the condition that the employees concerned are granted wages for overtime work and one day holiday in a week without making any deductions from their wages on account thereof.
Hours of UP Business No shops or Establishment on any day can be opened earlier than such hour or closed later than such hour as may be prescribed by State Government. No employer shall on any day open before 9 am. Or keep open after 7pm.any commercial establishment, not mentioned in Schedule II of the act.
PUNJAB . Opening and closing hours. -- Government shall fix the opening and closing hours of all classes of establishments; and different opening and closing hours may be fixed for different classes of establishments and for different areas; Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct KARNATKA Any customer who s being served or waiting to be served or waiting to be served in any establishment at the hour fixed for its closing day may be served during the quarter of an hour
KARNATKA Any customer who s being served or waiting to be served in any establishment at the hour fixed for its closing day may be served during the quarter of an hour immediately following such hour .
UP Hours of work and Overtime
No employer shall require or allow an employee to work on any day for more than 8 hours in the case of employee. The total number of hours of overtime work shall not exceed fifty in quarter. An employee, who has worked in excess of the hours of work fixed, shall be paid by his employer, wages at twice the ordinary rate, for every over time.
PUNJAB 7. Hours of employment. – (1) Subject to the provisions of this Act, no person shall be employed about the business of an establishment for more than forty-eight hours in any one week and nine hours in any one-day.
Karnataka -No employee s allowed to work more than 9 hours a day , and 48 hours a week, total working hours, including overtime should not exceed 10 hours b a day except on days of stock taking and preparation of accounts, provided total overtime hours should not exceed 50 in a period of 3 consecutive months
Intervals for rest and spread over of working hours in a day
No period of continuous work shall exceed five hours, which is to be followed by an interval for rest and meals of at least half an hour.
PUNJAB 8. Intervals for rest and meals. – (1) Subject to the provisions of section 6, no employee except a chaukidar, watchman or guard, shall be allowed to work in an establishment for more than five hours before he has had an interval for rest of at least half an hour: Provided that Government may by notification fix such interval for rest in respect of any class of establishments for the whole of the State of any part thereof as it may consider necessary. (2) The period of work of an employee KARNATAKA- The period of working hour should be fixed that no period should exceed 5 hours and no person shall work for more than 5 hours before he had an interval of rest of 1 hour Spread over- period for work should be fixed including interval of rest, they shall not spread over more than 12 hours in a day
PUNJAB 10. Close day. – Every establishment shall remain closed on every Sunday; In case of an establishment attached to a factory ,the employer may substitute the close day of such establishment , in the same manner and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948; Provided further that Government may fix any other day to be the close day in any class of establishments for the whole of the State or any part thereof.
(2) (i) The employer shall intimate to the prescribed authority the working hours, and the period of interval of the employed person within fifteen days of the date of registration of the establishment.. (ii) The employer of an establishment may change the working hours and the period of interval once in a quarter of the year by giving intimation to the prescribed authority at least fifteen days before the change is to take place.
(3) Notwithstanding anything contained in subsection (1), the employer of an establishment may open his establishment on the close day if. – (a) such day happens to coincide with a festival, and (b) employees required to work on that day are paid remuneration at double the rate of their normal wages calculated by the hour.
UP Close days
Every employer shall keep his shop or commercial establishment, closed on•One day in a week •Such public holiday in a year as may be prescribed •The following shall be the public holidays1.Republic Day 2.Holi Parwa 3.Birthday of Dr.Ambedkar 4.Independence Day 5.Birthday of Mahatma Gandhi 6.Diwali Parwa 7.Kartik Purnima ,Idu’l Fitr
A notice specifying all close day shall be prominently displayed by the employer in a conspicuous place in the shop or establishment. The close day shall not be altered by the employer except once in a year with the approval of the authority. The notice for the approval of a close day shall be in Form ‘A’. The notice specifying close days, shall be in Form ‘B’. A copy of every such notice shall be sent by the employer to the inspector within 2 days of its first displayed in the shop or commercial establishment
UP Holidays
Every employee ,not being a watchman or a caretaker, shall be allowed by the employer, holiday on•(i)Every close day which is a public holiday •(ii)One whole day in each week. Every employer shall exhibit in his shop a notice in Form C specifying days of the week on which the employee shall be given holiday. The notice shall be exhibited before the person employed cease work on the Saturday immediately the week during which it will have effect.
Punjab -. Holidays. – Every employee in an establishment shall be allowed – (a) A holiday with wages on the Independence day, Republic day, and Mahatma Gandhi’s birthday (b) three other holidays with wages in a year in connection with such festivals as Government may declare from time to time by notification. Provided that an employee required to work on any such holiday should be paid remuneration at double the rate of his normal wages calculated by the hour
Earned Leave, Sickness Leave and Casual Leave
Earned Leave Every employee who has been in continuous employment of the same employer for a period of 12 months or over shall be entitled to earned leave for not less than 15 days for every 12 months of such service. In case of watchman and caretaker not less than 60 days earned leave for every 12 months of such service. The total period of earned leave shall not be taken more than three times in a year. An application for leave for 3 days or less shall be made at least 24 hours before the date from which leave is required. The earned leave may be refused by the employer on grounds of exigency of work and reasons for giving refusal shall be recorded in writing and communicate to the employee concerned. The employer shall communicate in writing to the employee the account of his earned leave including leave carried forward from the previous year, the leave earned during the year, the leave availed during the year and the leave to be carried forward to the next year, on demand made by him at the close of every year.
Sickness Leave Every employee who has been in continuous employment of the same employer for a period of 6 months or over shall be entitled to sickness leave not less than 15 days in any one calendar year. No application from an employee for sickness leave shall be refused but in case the employer is not satisfied about the truth, he may require a certificate from a registered medical practitioner.
Casual Leave Every employee shall be entitled to casual leave for not less than 10 days in any one calendar year. Every application from an employee for casual leave shall be in writing. The employer shall record his orders on all such applications and shall retain them for at least one year. An employer may refuse an application for casual leave from an employee on the ground of exceptional pressure of work requiring his attendance on the day or days in respect of which casual leave has been asked for. But leave shall not be refused on account of accident, physical injury to the employee death in a family or sickness of the employee, his wife or child. where an application has been made on the above grounds an employer may get the employee or the wife or child of the employee as the case may be, examined at his own expenses by a registered medical practitioner for the purpose of verifying the facts mentioned in the application for leave and may grant or reject the application on the basis of the certificate of such medical practitioner. The medical certificate shall be retained by the employer for at least one year. Where an application for casual leave is refused by the employer, the employer shall grant equivalent leave to the employee in the same calendar year. Where the services of an employee are terminated by his employer or where the employee terminates the employment, the employer shall be liable to pay to the employee wages for the number of days which the earned leave is due to him.
Leave. -- (a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days: A young person shall be entitled to one day’s earned leave for every15 days of employment during the year. (b) if an employee is discharged or dismissed or leaves service ,he shall be entitled to leave with wages or wage in lieu of un-availed leave at the rates laid down in clause (a).
(c) In calculating leave under this section, fraction of half a day or more shall be treated as one day’s leave and fraction of less then half a day shall be ignored. (d) If an employee does not in any one year take the whole of the leave allowed to him under clause (a), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding year:
Section 35 of the act provides lko that punishment of an offence Punish under the Act. and provisions ment have been made to the effect that any person ,guilty of an offence under the act shall be liable to fine, which may, for the first offence, extend to one hundred rupees and for every subsequent offence, to five hundred rupees.
Punjab 26. Penalties. -- Subject to the other provisions of this Act whoever contravenes any of the provisions of this Act or the rules made there under and no penalty has been provided for such contravention in this Act, shall be liable, on conviction, to a fine, not exceeding one hundred rupees for the first offence, and three hundred rupees for every subsequent offence. Provided that the fine in respect of every subsequent offence within the same year shall not be less than one hundred rupee in any case.
Whoever contravenes any of the provsons of section 4 ,5, 6, 6a, 7, 9, 10, 11, 12, 13, 15, 16, 25 and 39 on convection is punished with fne for 1st offence may exceed to 1000 rs and for 2nd offence or any subsequent offence may extend to 2000 Rs. contravening the provision of sec 8, 17 ,29, 34 i.e. ( extra wage for overtime work, payment n advance in certain cases, employer to produce registers, , records, etc for inspection, maintenance of registers record and display of notices on convector the fine may extend to 250 Rs.
Provisions for employment of children and women
• No child shall be required or allowed, to work except as an apprentice in such employment as may be specified by the State Government. • No woman or child can be required to work during night. • No employer shall knowingly require or allow a woman to work, and no woman shall work during the period of six weeks following the day on which she is delivered of a child. • Every woman has a right of absence during pregnancy, maternity leave, maternity benefit and interval for rest. • No employer shall discharge o remove from the service any woman employee on account of or during the period of, absence from duty allowed to her. • The notice for absence during pregnancy shall be in Form ‘F’. This form shall be made available by the employer to the employee concerned at any time during working hours.
30. Condition of Employment of women. -- (1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night: Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit. (2) No employee of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishment or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave, and other matters and no woman shall be employed otherwise than in accordance with these conditions. 31. Maternity benefit. -- (1) Every woman employed in an establishment who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her, a payment of maternity benefit which shall be prescribed by the Government for everyday during the six weeks immediately preceding and including the day of her delivery and for each days of six weeks following her delivery: Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery.
KARNATKA- Prohibition of employment of children , No child shall be required or allowed to work n any establishment Prohibition of employment of women and young persons during night.
THANK YOU
Introduction to ACT Objective: to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act lays down the following rules: • Working hours per day and week. • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. • Employment of children, young persons and women. • Rules for annual leave, maternity leave, sickness and casual leave, etc. • Rules for employment and termination of service.
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Haryana shops and commercial establishments Act and application 1. Short Title, extent, commencement 2. Definitions (closed, closed day, closing hours, day, establishment, family, festival, government, night, opening hour, prescribed, registration certificate, week, year) 3. Act not applicable to certain establishment and persons (offices of or under the Central or State Governments, the Reserve Bank of India, any railway administration or any local Authority, any railway service, air service, water transport service, tramway, postal, telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the Public) 2/12
4. Provisions of section 9 and sub-section (1) of section 10 not applicable to certain establishments (a) clubs, hotels, boarding houses, stalls and refreshment rooms at the railway stations (b) shops of barbers and hair dressers (c) establishments dealing exclusively in meat, fish, poultry, eggs, dairy produce [except ghee], bread sweets, chocolates, ice, ice-cream, cooked food, fresh fruits, flowers or vegetables; (d) shops dealing exclusively in medicines or medical or surgical requisites (e) shops dealing in articles required for funerals, burials, or cremations. (f) shops dealing exclusively in pans, biris or cigarettes (g) shops dealing exclusively in newspapers or periodicals, editing and dispatching sections of the newspaper office and office of the news agencies 3/12
5. Power of Government to extend the provision of Act 6. Conditions of employments for young persons 7. Hours of employment 8. Intervals for rest and meals 9. Opening and closing hours 10. Close day 11. ‘Employees’ off day in a week
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12. Holidays 13. Registration of establishments 14. Leave 15. Wages for close days and during leave period 16. Wage period 17. Deduction from wages 18. Realizations of compensation
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19. Enforcement and inspection 20. Record 21. Inspection of registers and calling for information 22. Notice of removal 23. Notice by employee
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26. Penalties 27. Protection of officers and their agents from personal liability 28. Power to grant exemptions 29. Prohibition of employment of children (14 years) 30. Condition of Employment of women 31. Maternity benefit
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S No
Comparison of Haryana and Delhi Acts Haryana Delhi
1.
Extent
Haryana
Delhi
2.
Young’s Age
14 years to 18 years
12 years to 18 years
3.
Application for registration Within 30 days
Within 90 days
4.
Change to be communicated
Within 7 days
Within 30 days
5.
Closing to be communicated
Within 10 days
Within 15 days
6.
Intervals for rest and meals For Young: at least half an hour after 3 hours of work For Others: at least half an hour after 5 hours of work
For Young: at least half an hour after 3.5 hours of work For Others: at least half an hour after 5 hours of work
7.
Overtime by adults
Not more than 54 hours a week and not exceeding 150 hours a year 8/12
Not more than 50 hours in any quarter
Comparison of Haryana and Delhi Acts S No Haryana Delhi 8.
Spread over
10 hours a day
10.5 hours in any commercial establishment or 12 hours in any shop.
9.
Spread over for young
10 hours a day
8 hours a day
10.
Maximum allowable time to work for a young
5 hours a day
6 hours a day
11.
Women’s working time not allowed during the interval
8 p.m. to 6 a.m. (Night Time)
between 9 p.m. and 7 a.m. during the summers and between 8 p.m. to 8 a.m. during the winter(October, November, December, January, February and March) 9/12
Comparison of Haryana and Delhi Acts S No Haryana Delhi 12.
Leave
Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days: Provided that a young person shall be entitled to one day’s earned leave for every fifteen days of employment during the year
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days (b) in every year, to sickness or casual leave for a total period of not less than twelve days
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Comparison of Haryana and Delhi Acts S No Haryana Delhi 13.
Notice of dismissal by employee
No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer 7 days previous notice
No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least 1 month before
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S No
14.
Comparison of Haryana and Delhi ActsDelhi Haryana Provisions not mentioned in ‘Haryana Shops and Commercial establishments Act’
--
Cleanliness, Lighting and ventilation, Power to enforce cleanliness, Precautions against fire, Accidents, Appointment of Inspectors
15.
Penalties for not Maintaining Records
Fine up to Rs. 100 Fine from Rs. 25 to Rs. 250 for the first offence, and Rs. 300 for every subsequent offence
16.
Penalty for willfully making false entries
Fine from Rs. 25 to Fine from Rs. 50 to Rs. 250 Rs. 200 or/and or/and imprisonment up to 3 imprisonment up to 3 months months
17.
Penalty for obstructing Inspector
Fine from Rs. 25 to Rs. 200
Fine from Rs. 50 to Rs. 250
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT. (1960)
Objective of this Act To provide for the welfare of the employees employed in the shops and commercial establishments and to regulate the conditions of their work and employment.
Short title, extent and commencement
1. This Act may be called the Kerala Shops and Commercial Establishments Act, 1960. 2. It extends to the whole of the State of Kerala. 3. It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
Daily and Weekly Hours No employee in any establishment shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week provided that the total number of hours of work including overtime, shall not exceed ten hours. Extra wages for overtime work Where an employee, works in any establishment for more than eight hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at the rate of twice the ordinary rate of wages.
REGISTRATION OF THE ESTABLISHMENT The employer of every shops and commercial establishments shall apply for registration in Form B-I with prescribed fee to the competent authority (Assistant labour officer-Grade III) within sixty days from the date on which the establishment commences its work. APPLICATION FOR DUPLICATE REGISTRATION CERTIFICATE If a registration certificate is lost, stolen or destroyed, the employer shall forth with report the matter to the competent authority and make an application for the issue of a duplicate registration certificate along with prescribed fee.
FEES Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year No. of Employees Nil Does not exceed 5 Exceed 5 but does not exceed 10 Not exceeds 20 Exceeds 20 but does not exceeds30 Exceeds 30 but does not exceed 50 Exceeds 50 and but does not exceed 100 101 and above
Fee prescribed Rs. 10.00 Rs. 50.00 Rs. 100.00 Rs. 200.00 Rs. 300.00 Rs. 500.00 Rs. 1000.00 Rs. 2000.00
RENEWAL OF REGISTRATION Every employer shall renew the registration every year atleast 30 days before the expiry of the registration for the previous year. The application for renewal with the registration certificate and prescribed fee shall be submitted to the competent authority within the period. The fee for registration and renewal shall be remitted in the office of the Asst. labour officer concerned or treasury remittance
AMENDMENT OF REGISTRATION Any employer who desires to have his registration certificate amended shall give a notice in Form-B--III to the competent authority with copy to the inspector having jurisdiction over the area in which the establishment is situated along with prescribed fee for amendment of registration certificate.
APPEALS Any aggrieved Person by an order of the competent authority refusing to grant or renew a registration certificate or cancelling or suspending the same may within a period of sixty days of the receipt of the order appeal to the District Labor Officers on Payment of fees Prescribed.
CLOSING OF SHOPS Every shops shall remain entirely closed on one day of the week and a notice shall be permanently exhibited in the shop specifying the day of closure. This is not applicable to shops exempted in the Act or exempted by the Govt.
WEEKLY HOLIDAYS Every Person employed in shops or a commercial establishments shall be allowed in each week a holiday of one whole day. INTERVALS FOR REST Employee in an establishment shall be given rest for atleast one hour before work of four hours. CHANGE TO BE COMMUNICATED The employer shall give notice in the prescribed form to the competent authority and the Inspector having jurisdiction over the area in which the establishment is situated of any change in respect of any of the particulars contained in his application within seven days after the change has taken place.
LEAVE Employees are eligible for leave in lien of: i. Annual leave for 12 days with wages to employees after completion of 12 months continuous service. ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident sustained by him. iii. Casual leave with wages not exceeding twelve days. iv. Six days special casual leave for sterilization operation in the case of male employees and 14 days in the case of female employees, subject to the provision of the Act. DISMISSAL No employee shall be dismissed except on a reasonable cause and subject to Section-18 of the Act. The aggrieved employee may file appeal within sixty days to the date of delivery of the order terminating his services with the employer, to the appellate authority (Deputy labour Commissioner concerned)
Prohibition of employment of children No child shall be required or allowed to work in any establishment except as an apprentice in such employment as may be specified by the Government. Prohibition of employment of women and persons below seventeen years during night No woman or any person who has not attained the age of seventeen shall be required or allowed to work in any establishment before 6 A. M. or after 7 P. M.
PENALTY Whoever commits a breach of the provisions of the Act , he shall be punishable in according with Section-29 and Rule –14 of Kerala shops and Commercial Establishments Act 1960 and Rules 1961. It includes: (a) with fine which may extend to two hundred and fifty rupees and in case of continuing breach with fine which may extend to ten rupees for every day during which the breach continues after convictions for the first breach; or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the competent authority to discontinue such breach.”
Andhra Pradesh Shops And Establishment Act.(1988)
Objective of the act The Andhra Pradesh shops and establishment act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments and for matter connected therewith
Short title, extent and commencement 1. This Act may be called the Andhra Pradesh Shops& Establishment Act1988. 2. It extends to the whole of the State of Andhra Pradesh. 3. It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
Registration of establishment • In case of an establishment existing on the date of commencement of this act, within thirty days from the date. • In case of a new establishment within thirty days from the date on which the establishment commences its work, send to the inspector concerned a statement containing such particulars, together with such fees as may be prescribed • On receipt of such statement, the inspector shall register the establishment in the register of establishment in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place of the establishment.
Revocation or suspension of the registration Certificate
• The registration certificate granted under the section 3 and renewal under section 4 has been obtained by misrepresentation, fraud or suspension of any material fact • The employer has willfully contravened any of the provisions of this act or the rules are made there under.
Renewal of registration certificate • The inspector may, on an application made by the employer accompanied by the fees prescribed thereof renew the registration certificate for a period of one year or for such number of years as may be prescribed commencing from the date of its expiry. • Every application for the renewal of the registration certificate shall be made in to reach the inspector not later than thirty days before the date of its expiry. • An application for the renewal of a registration certificate not later than thirty days after its expiry maybe entertained by the inspector on the applicant paying such penalty as may be prescribed, by the government from time to time
Opening and closing hours of shops No shop shall on any day be opened earlier or closed later that such hours as may, after previous publication, be fixed by the government by general or special order in that behalf. Any customer who has a being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour. Daily & Weekly hours of work in Shops An employee in any shop shall be required or allowed to work therein for more than eight hours a day and forty-eight hours in a week. Any employee may be required or allowed to work in a shop for any period in excess of the limit fixed on payment of overtime wages, subject to maximum period of Six hours in a week.
Fees structure for registration& Renewal: FEES: Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year No. of Employees
Fee prescribed
Nil Employing up to 5 persons Employing 6 and and above and up to 10 persons Employing more than 11and up to 20 persons Employing 21and above and up to 50 persons
Rs. 30.00 Rs. 100.00 Rs. 200.00 Rs. 350.00 Rs.1000.00
Employing 51 persons and above and up to 100 persons
Rs. 2000.00
Employing 101 and above
Rs. 2500
Closing of the Establishment The employer shall, within fifteen days of the closer of the establishment, give intimation thereof in writing to the Inspector, who shall, on receipt of such intimation remove the name of the establishment from the register of establishment and cancel the registration certificate. Penalty Application submitted on or after 2nd December but before 31st Dec (25% of the fees Application). Submitted on or after 1st January (50% of the fees) Leaves Every employee who has served with 240 days or more during a continuous period of 12 months in any establishment shall be entitled during the subsequent period of twelve months , to leave with wages may be accumulated up to a maximum period of sixty days Sick leaves : 12 days Casual Leaves: 12days
Special Provision for women No women employee shall be required or allowed to work in any establishment before 6.00am and after 8.00pm.
Maternity Leave The periods of absence from duty in respect of which a woman employees in entitled to maternity benefit , shall be treated as authorized absence from the duty and the woman employee shall be entitled to maternity benefit.
Minimum Wages rates: For Andhra Pradesh State •
For Unskilled Employees Rs.2386/-p.m
•
For Semi-skilled Employees Rs. 3020/-p.m
•
For Skilled Employees Rs. 3654/- p.m
Maintenance of registers and records and display of notices 1). Every employer shall maintain a register of employment in Form XXII 2). Every employer of an establishment other than a shop shall exhibit in his establishment a notice in Form XXIV specifying the day or days of the week on which his employees shall be given a holiday. 3). Every employer shall maintain a register Form XXV for the leave granted to person employed. 4). The register records and notices relating to any calendar year shall be preserved for a period of three years after the last entry is made therein. 5). Every employer shall maintain a visit book in which an inspector visiting the establishment may recode his remarks regarding any defects that may come to light at the time of his visit or give directions regarding production of any documents required to be maintained or produced under the provisions of the act and the rules. 6) The visit book shall be a bound book more or less of size(18cms*15cms) containing 100 pages.
Any Changes in establishment Every employer shall give intimation to the inspector, in the prescribed form, any changes in any of the particulars in the statement made under sub-section (1) with in fifteen days after the change has taken place. The inspector shall, on the receipt of such intimation and fees prescribed thereof make the change in the register of establishment in accordance with such intimation and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
Comparison of AP and Kerala Acts ANDHRA KERALA 1.
Extended to
2.
Application for registration Within 60 days
Within 30 days
3.
Change to be communicated
Within 7 days
Within 15 days
4.
Closing to be communicated
Within 10 days
Within 15 days
5.
Intervals for rest and meals At least one hour after 4 hours of work
6.
Overtime
Kerala
PRADESH
Not more than 50 hours in any quarter
Andhra Pradesh
-Not more than 6 hours a week.
Comparison of AP and Kerala Acts Kerala
Andhra Pradesh
7.
Spread over
10 and half hours a day
N.M
8.
Women’s working time not allowed during the time interval of
8 p.m. to 6 a.m. (Night Time)
7 p.m. to 6 a.m. (Night Time)
S No
9.
Leave
Kerala
Andhra Pradesh
Annual leave for 12 days with wages to employees after completion of 12 months continuous service. ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident sustained by him. iii. Casual leave with wages not exceeding twelve days. iv. Six days special casual leave for sterilisation operation in the case of male employees and 14 days in the case of
(a) Every employee who has served with 240 days or more during a continuous period of 12 months in any establishment shall be entitled during the subsequent period of twelve months , to leave with wages may be accumulated upto a maximum period of sixty days Sick leaves : 12 days Casual Leaves: 12days
Comparison of AP and Kerala Acts S No
10.
Kerala
Notice of dismissal by employee
Andhra Pradesh
No employee, who has N.M been in the service of the employer continuously for a period of six months shall terminate his employment unless he has given to his employer 1 month previous notice
S No
Kerala
Andhra Pradesh
11.
Penalties
Whoever commits a breach of the provisions of the Act a rules shall be punishable in according with Section-29 and Rule – 14 of Kerala shops and Commercial Establishments Act 1960 and Rules 1961.
Application submitted on or after 2nd December but before 31st Dec (25% of the fees) Application submitted on or after 1st January (50% of the fees)
12.
Encashment of leaves
Every employee in any shop or establishment shall be entitled for encashment of leave with wages for a period of 12 days in a year
Every employee in any shop or establishment shall be entitled for encashment of leave with wages for a period of 8 days in a year
Act not applicable to certain establishment and persons In Punjab, (a) offices of or under the Central or State Governments, (except commercial undertakings), the Reserve Bank of India, any railway administration or any local authority; (b) any railway service, air service, water transport service, tramway, postal , telegraph or telephone service, any system of public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the public;
In Karnataka, b)Establishment for the treatment or care of the sick or any mental unfit c)Offices of banking company d)Office of legal practitioners e)To persons occupying management positions in any establishment
In Pondicherry b)Work involves travelling canvassers and care takers c)Establishment in mines and oil fields. d)Temporary bazaars held during festivals not exceeding 15 days
Registration of establishments.
In Punjab , within the specified period usually 30 days, the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed form containing: (a) the name of the employer and the manager, if any; (b) postal address of the establishment; (c) the name, if any; of the establishment; (d) number of persons employed;
In UP, every owner of shop or commercial establishment shall within 3 months of the commencement of such business or within 3 months of the commencement of the Act, whichever is later, apply to the chief inspector for registration of his shop or commercial establishment.
• In Pondicherry, the employer may approach the office of the Labor Officer (Enforcement) for registration or Renewal of their Establishment with in seven days of the commencement of the establishment.
ISSUE OF REGISTRATION CERTIFICATE • On receipt of the statement, the authority shall on being satisfied about the correctness of the statement, register the establishment in the register of establishments in such a manner as may be prescribed and shall issue in a prescribed form a registration certificate to the employer. The registration certificate shall on
RENEWAL OF CERTIFICATE •
In Punjab & Karnataka, the registration certificate shall be renewable by the 31st. March, every year
•
In UP & Bombay the certificate has to be renewed in a prescribed time period. Thirty days grace time shall, however, be allowed for the renewal of the certificate.
ENFORCEMENT AND INSPECTION
In Punjab & Karnataka
• Government may, by notification appoint such persons or such class of persons as it thinks fir to be inspecting officers for the purposes of this Act within such local limits as it may assign to them, respectively. • Subject to any rules made by Government in this behalf an inspecting officer may, within the local limits for which he is appointed— (a) enter at all reasonable times and with such assistants, if any being persons in the service of Government or of any local authority as he thinks fit, any place which is or which he has reason to believe to be an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying
In UP, • Every employer shall maintain an Inspector’s visit and inspection book in shop or commercial establishment and shall produce the same before the inspector on demand. • Every employer shall employing employees more than 25 shall be required to maintain a register of attendance and wages , a register of leave , a register of deductions from
WAGES In Punjab, (1) Every person responsible for the payment of wages to an employee shall fix a period in respect of which such wages shall be payable. (2) No wage period shall exceed one month. (3) The wages of every person employed shall be paid before the expiry of the seventh day from the
WAGES In UP • Every employer shall fix a wage period that can be monthly, fortnightly weekly or daily. Where the wage period consists of a month, every employer shall pay the wages to his employee, before the expiry of the seventh day after the last day of the wage period • If an employee be absent on a day on which payment would have been made, but for such absence the payment shall be made within 3 days after the employee returns to work or demands payments.
In Karnataka, Wages are to be paid by the employer as in accordance within the prescribed time provided in Payment of Wages Act 1936
DEDUCTION FROM WAGES In Punjab, no deductions from the wages of an employee shall be made except following - those authorized by or under the Payment of Wages Act,1936, in so far as such deductions are applicable to the employee and in such manner, to such extent and to subject to such conditions as are specified in that Act.
In UP, no deductions from the wages of an employee shall be made except following conditions• fines ; deductions for absence from duty • for house-accommodation supplied by the employer , • recovery of advances or of over-payments of wages • income tax payable by the employed person • deductions required to be made by order
In Bombay subject concerned to the condition that the employees concerned are granted wages for overtime work and one day holiday in a week without making any deductions from their wages on account thereof.
Hours of UP Business No shops or Establishment on any day can be opened earlier than such hour or closed later than such hour as may be prescribed by State Government. No employer shall on any day open before 9 am. Or keep open after 7pm.any commercial establishment, not mentioned in Schedule II of the act.
PUNJAB . Opening and closing hours. -- Government shall fix the opening and closing hours of all classes of establishments; and different opening and closing hours may be fixed for different classes of establishments and for different areas; Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct KARNATKA Any customer who s being served or waiting to be served or waiting to be served in any establishment at the hour fixed for its closing day may be served during the quarter of an hour
KARNATKA Any customer who s being served or waiting to be served in any establishment at the hour fixed for its closing day may be served during the quarter of an hour immediately following such hour .
UP Hours of work and Overtime
No employer shall require or allow an employee to work on any day for more than 8 hours in the case of employee. The total number of hours of overtime work shall not exceed fifty in quarter. An employee, who has worked in excess of the hours of work fixed, shall be paid by his employer, wages at twice the ordinary rate, for every over time.
PUNJAB 7. Hours of employment. – (1) Subject to the provisions of this Act, no person shall be employed about the business of an establishment for more than forty-eight hours in any one week and nine hours in any one-day.
Karnataka -No employee s allowed to work more than 9 hours a day , and 48 hours a week, total working hours, including overtime should not exceed 10 hours b a day except on days of stock taking and preparation of accounts, provided total overtime hours should not exceed 50 in a period of 3 consecutive months
Intervals for rest and spread over of working hours in a day
No period of continuous work shall exceed five hours, which is to be followed by an interval for rest and meals of at least half an hour.
PUNJAB 8. Intervals for rest and meals. – (1) Subject to the provisions of section 6, no employee except a chaukidar, watchman or guard, shall be allowed to work in an establishment for more than five hours before he has had an interval for rest of at least half an hour: Provided that Government may by notification fix such interval for rest in respect of any class of establishments for the whole of the State of any part thereof as it may consider necessary. (2) The period of work of an employee KARNATAKA- The period of working hour should be fixed that no period should exceed 5 hours and no person shall work for more than 5 hours before he had an interval of rest of 1 hour Spread over- period for work should be fixed including interval of rest, they shall not spread over more than 12 hours in a day
PUNJAB 10. Close day. – Every establishment shall remain closed on every Sunday; In case of an establishment attached to a factory ,the employer may substitute the close day of such establishment , in the same manner and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948; Provided further that Government may fix any other day to be the close day in any class of establishments for the whole of the State or any part thereof.
(2) (i) The employer shall intimate to the prescribed authority the working hours, and the period of interval of the employed person within fifteen days of the date of registration of the establishment.. (ii) The employer of an establishment may change the working hours and the period of interval once in a quarter of the year by giving intimation to the prescribed authority at least fifteen days before the change is to take place.
(3) Notwithstanding anything contained in subsection (1), the employer of an establishment may open his establishment on the close day if. – (a) such day happens to coincide with a festival, and (b) employees required to work on that day are paid remuneration at double the rate of their normal wages calculated by the hour.
UP Close days
Every employer shall keep his shop or commercial establishment, closed on•One day in a week •Such public holiday in a year as may be prescribed •The following shall be the public holidays1.Republic Day 2.Holi Parwa 3.Birthday of Dr.Ambedkar 4.Independence Day 5.Birthday of Mahatma Gandhi 6.Diwali Parwa 7.Kartik Purnima ,Idu’l Fitr
A notice specifying all close day shall be prominently displayed by the employer in a conspicuous place in the shop or establishment. The close day shall not be altered by the employer except once in a year with the approval of the authority. The notice for the approval of a close day shall be in Form ‘A’. The notice specifying close days, shall be in Form ‘B’. A copy of every such notice shall be sent by the employer to the inspector within 2 days of its first displayed in the shop or commercial establishment
UP Holidays
Every employee ,not being a watchman or a caretaker, shall be allowed by the employer, holiday on•(i)Every close day which is a public holiday •(ii)One whole day in each week. Every employer shall exhibit in his shop a notice in Form C specifying days of the week on which the employee shall be given holiday. The notice shall be exhibited before the person employed cease work on the Saturday immediately the week during which it will have effect.
Punjab -. Holidays. – Every employee in an establishment shall be allowed – (a) A holiday with wages on the Independence day, Republic day, and Mahatma Gandhi’s birthday (b) three other holidays with wages in a year in connection with such festivals as Government may declare from time to time by notification. Provided that an employee required to work on any such holiday should be paid remuneration at double the rate of his normal wages calculated by the hour
Earned Leave, Sickness Leave and Casual Leave
Earned Leave Every employee who has been in continuous employment of the same employer for a period of 12 months or over shall be entitled to earned leave for not less than 15 days for every 12 months of such service. In case of watchman and caretaker not less than 60 days earned leave for every 12 months of such service. The total period of earned leave shall not be taken more than three times in a year. An application for leave for 3 days or less shall be made at least 24 hours before the date from which leave is required. The earned leave may be refused by the employer on grounds of exigency of work and reasons for giving refusal shall be recorded in writing and communicate to the employee concerned. The employer shall communicate in writing to the employee the account of his earned leave including leave carried forward from the previous year, the leave earned during the year, the leave availed during the year and the leave to be carried forward to the next year, on demand made by him at the close of every year.
Sickness Leave Every employee who has been in continuous employment of the same employer for a period of 6 months or over shall be entitled to sickness leave not less than 15 days in any one calendar year. No application from an employee for sickness leave shall be refused but in case the employer is not satisfied about the truth, he may require a certificate from a registered medical practitioner.
Casual Leave Every employee shall be entitled to casual leave for not less than 10 days in any one calendar year. Every application from an employee for casual leave shall be in writing. The employer shall record his orders on all such applications and shall retain them for at least one year. An employer may refuse an application for casual leave from an employee on the ground of exceptional pressure of work requiring his attendance on the day or days in respect of which casual leave has been asked for. But leave shall not be refused on account of accident, physical injury to the employee death in a family or sickness of the employee, his wife or child. where an application has been made on the above grounds an employer may get the employee or the wife or child of the employee as the case may be, examined at his own expenses by a registered medical practitioner for the purpose of verifying the facts mentioned in the application for leave and may grant or reject the application on the basis of the certificate of such medical practitioner. The medical certificate shall be retained by the employer for at least one year. Where an application for casual leave is refused by the employer, the employer shall grant equivalent leave to the employee in the same calendar year. Where the services of an employee are terminated by his employer or where the employee terminates the employment, the employer shall be liable to pay to the employee wages for the number of days which the earned leave is due to him.
Leave. -- (a) Every employee who has been in employment for not less than twenty days in a year shall be entitled to one day’s earned leave for every such twenty days: A young person shall be entitled to one day’s earned leave for every15 days of employment during the year. (b) if an employee is discharged or dismissed or leaves service ,he shall be entitled to leave with wages or wage in lieu of un-availed leave at the rates laid down in clause (a).
(c) In calculating leave under this section, fraction of half a day or more shall be treated as one day’s leave and fraction of less then half a day shall be ignored. (d) If an employee does not in any one year take the whole of the leave allowed to him under clause (a), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding year:
Section 35 of the act provides lko that punishment of an offence Punish under the Act. and provisions ment have been made to the effect that any person ,guilty of an offence under the act shall be liable to fine, which may, for the first offence, extend to one hundred rupees and for every subsequent offence, to five hundred rupees.
Punjab 26. Penalties. -- Subject to the other provisions of this Act whoever contravenes any of the provisions of this Act or the rules made there under and no penalty has been provided for such contravention in this Act, shall be liable, on conviction, to a fine, not exceeding one hundred rupees for the first offence, and three hundred rupees for every subsequent offence. Provided that the fine in respect of every subsequent offence within the same year shall not be less than one hundred rupee in any case.
Whoever contravenes any of the provsons of section 4 ,5, 6, 6a, 7, 9, 10, 11, 12, 13, 15, 16, 25 and 39 on convection is punished with fne for 1st offence may exceed to 1000 rs and for 2nd offence or any subsequent offence may extend to 2000 Rs. contravening the provision of sec 8, 17 ,29, 34 i.e. ( extra wage for overtime work, payment n advance in certain cases, employer to produce registers, , records, etc for inspection, maintenance of registers record and display of notices on convector the fine may extend to 250 Rs.
Provisions for employment of children and women
• No child shall be required or allowed, to work except as an apprentice in such employment as may be specified by the State Government. • No woman or child can be required to work during night. • No employer shall knowingly require or allow a woman to work, and no woman shall work during the period of six weeks following the day on which she is delivered of a child. • Every woman has a right of absence during pregnancy, maternity leave, maternity benefit and interval for rest. • No employer shall discharge o remove from the service any woman employee on account of or during the period of, absence from duty allowed to her. • The notice for absence during pregnancy shall be in Form ‘F’. This form shall be made available by the employer to the employee concerned at any time during working hours.
30. Condition of Employment of women. -- (1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night: Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit. (2) No employee of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage. (3) Government may prescribe further conditions in respect of employment of women employed about the business of establishment or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave, and other matters and no woman shall be employed otherwise than in accordance with these conditions. 31. Maternity benefit. -- (1) Every woman employed in an establishment who has been continuously employed in that establishment or in establishments belonging to the employer of that establishment for a period of not less than six months preceding the date of her delivery shall be entitled to receive, and the employer shall be liable to make to her, a payment of maternity benefit which shall be prescribed by the Government for everyday during the six weeks immediately preceding and including the day of her delivery and for each days of six weeks following her delivery: Provided that no such payment shall be made for any day on which she attends work and receives payment thereof during the six weeks preceding her delivery.
KARNATKA- Prohibition of employment of children , No child shall be required or allowed to work n any establishment Prohibition of employment of women and young persons during night.
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