11:46 PM
Amresh
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TERM
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REMARKS
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Applicability
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This Act is applicable to all shops and establishments in the whole of Uttar Pradesh.
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REGISTRATION OF SHOPS AND COMMERCIAL ESTABLISHMENTS
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Registration
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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.
The register of shop or commercial establishment shall be maintained in FORM “K”
The owner of every shop or commercial establishment shall make an application in FORM “L” to the chief inspector for registration his shop or commercial establishment within 3 months.
The
application shall be signed by the owner and accompanied by a
Treasury Challan/Bank Draft (crossed) in favour of the inspector
concerned in proof of payment of registration fees as specified.
The
maximum number of employees employed in the shop or commercial
establishment on any day during the financial year in respect of which
the registration is sought will be taken into consideration for
deciding the amount of fee leviable.
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Term and Renewal of registration certificate/Duplicate Registration Certificate/
Amendment of registration certificate
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1. -The
registration certificate shall be valid for such period as may be
prescribe and shall be renewable from time to time by the chief
inspector for such further period as may be prescribe. Every
registration certificate or renewed certificate shall remain valid for
such number of financial years, as it is registered or renewed for.
2. -every application for renewal of a registration certificate may be made on plain paper stating therein the name of the owner name and address of the shop or commercial establishment and number of employees to the inspector , Renewal of registration certificate shall be made in Form ‘M’.
3. -in
case of late fee for registration & renewal of certificate owner
shall be made only on the payment of late fee at the rate of 12.5% of
the fee of registration & renewal of certificate. The late fee
shall accompany the application.
4. -The
registration certificate shall not be transferable. In case of
transfer of ownership the new owner shall have to apply afresh and
obtain a registration certificate.
5. -In case of amendment of registration certificate the owner shall communicate in Form ‘N’
to the inspector for any change in name address, names of the
employers or change in the number of employees within 15 days of
occurrence of such change together with registration certificate by a
Treasury Challan/Bank Draft (crossed) for Rs. 5 or Rs. 10 as the case
may be.
6. -When
a registration certificate is lost, destroyed , torn ,defaced and
otherwise becomes illegible, an application to the inspector concerned
for the issue of a duplicate copy shall be made in Form ‘ O’ accompanied
by a Treasury Challan/Bank Draft (crossed) for Rs. 5 or Rs. 10 as the
case may be. The chief inspector shall issue a duplicate registration
certificate in the prescribe manner on the payment of prescribe fees.
7. -In
case of closing down of shop or commercial establishment, the owner
shall notify such closure in writing to the inspector concerned within
15 days of his closing down the shop or commercial establishment.
8. Every
owner shall display the registration number on a plate with letters
and figures at least 5 cms. High and 1 cm. thick written in white or
luminous paint of any colour.
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HOURS OF BUSINESS
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Hours of Business
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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.
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Hours of work and Overtime
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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.
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Intervals for rest and spread over of working hours in a day
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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.
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HOLIDAYS AND LEAVE
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Close days
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Every employer shall keep his shop or commercial establishment, closed on-
The
choice of a close day not being a close day which is public holiday
shall, subject to the approval of the authority, rest with employer .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.
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Holidays
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Every employee ,not being a watchman or a caretaker, shall be allowed by the employer, holiday on-
Provided
that nothing in clause ii shall apply to any employee whose total
period of employment in the week including any day spent on leave or
any holiday, is less than six days.
Every employer shall exhibit in his shop and commercial establishment a notice in Form C
specifying the day or 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.
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Earned Leave, Sickness Leave and Casual Leave
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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 in addition to earned leave or sickness leave, 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 id due to him.
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WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
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Wage Period
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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 in respect of which
the wages are payable.
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.
All payment of wages shall be made on working day.
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Payment of Wages for period of earned leave
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An
employee proceeding on earned leave shall, on demand, be given
advance payment of the wages for half the period of the leave and the
wages for the wages period immediately preceding such leave.
The
wages of the sickness leave shall be payable to the employee along
with his wages for the first wage period after he resumes duty.
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Deduction from wages
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No deductions from the wages of an employee shall be made except following conditions-
· fines ;
· deductions for absence from duty ;
· damage
to or loss of goods expressly entrusted to the employed person for
custody ; or for loss of money for which he is required to account,
where such damage or loss is directly attributable to his neglect or
default
· for house-accommodation supplied by the employer
All deductions and realizations shall be recorded in a register in Form ‘D’
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Fines on employees
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No fines in excess of the 3 % of the wages payable to an employee for any wage period shall be imposed on him by the employer.
No fine shall be imposed on an employee-
- Except for an act or omission specified by the employer with the approval of chief inspector or the deputy chief inspector.
- Without giving the employee concerned a reasonable opportunity of showing cause against the proposed fine.
The employer shall maintain a register in Form ‘E’, wherein shall be entered all fines imposed and recoveries.
The wages of an employee shall be recoverable in the manner provided in Payment of Wages Act,1936
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Discharge of employee by his employer
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No employee shall be discharged from services by his employer except on the ground that-
- The post held by him has been retrenched.
- He is unfit to perform his duties on the ground of physical infirmity or continued ill-health.
- He
has been served with a notice in writing containing the grounds of
discharge. The notice shall be for a period of not less than 30 days.
- Dismissal for misconduct.
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EMPLOYMENT OF CHILDREN AND WOMEN
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Provisions for employment of children and women
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· 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.
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ENFORCEMENT AND PENALTIES
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Maintenance of registers and records/ Inspector & facilities to be afforded to inspector
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An employer shall maintain such registers and records and display such notice as may be prescribed.
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.
Where
the chief inspector is satisfied that the maintenance of any register
in the form prescribed in rules will entail particular hardship in
the case of any shop or commercial establishment, he may allow to the
employer to maintain the register in such modified form as may be
determined by him.
Every
employer shall employing employees more than 25 shall be required to
maintain a register of attendance and wages in Form ‘G’, a register of
leave in Form H, a register of deductions from wages in Form ‘D’.
Every
employer employing more than 25 employees shall exhibit a notice
containing such extracts of the act and these rules in Hindi, written
in Devnagri Script and that shall be exhibited in such manner that it
can readily be seen and read by any person whom it affects, every such
notice shall be renewed promptly when it becomes defaced or otherwise
illegible as the chief inspector may direct.
In
any register or record which an employer is required to be maintain,
the entries relating to any day shall be made on that particular day.
The registers or notices to be kept by the employers relating to any
year shall be preserved for six years after the expiry of the year to
which they relate and shall be produced before an inspector.
Employer shall provide all reasonable facilities to the inspector for making any entry, inspection, supervision, examination or inquiry under this Act.
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Punishment
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Section 35 of the act provides that punishment of an offence under the Act. and provisions 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.
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Posted in: Labour Law
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