shops & establishment act

SHOPS & ESTABLISHMENT ACT

Highlights of Shops & Establishment Act in Various States

Agenda of the program

•Applicability

•Registration, Renewal and Closure

•Opening and closing hours of establishment

•Daily and weekly hours of work

•Interval of rest and Spread hours of work

•Weekly holiday

•Leave – CL-SL-PL and leave accumulation

•Paid Holiday

•Pay for leave/Holiday

•Overtime hours, overtime limit and OT wages

•Penalties

States Registration/Renewal/Closure

Andhra Pradesh 30 days from commencement,15 days for change/amendment, Before 30 days of expiry15 days from closure

Goa, Diu, Daman 90 days from commencement

Gujarat 30 days from commencement,Renewed within prescribed time for change/amendment,10 days from the date of closure

Haryana Within 30 days from the date of commencement where act is applicable. Closure: Within 10 days from closure of an establishment .

Karnataka Within 30 days from the date of commencement where act is applicable.The employer shall, within fifteen days of his closing the establishment, notify in writing the date of such closure and return the registration certificate.

Madhya Pradesh Within 30 days from the date of commencement where act is applicable. The employer shall, within fifteen days of his closing the establishment, notify to the registration in writing the date of such closure and return the registration certificate.

Registration / Renewal/Closure

States Registration/Renewal/Closure

Maharashtra Within 30 days from the date of commencement where act is applicable.Renew within 30 days before expiry of validity.The employer shall, within 10 days of his closing the establishment, notify in writing the date of such closure and return the registration certificate.

Delhi Within 90 days from the date of commencement. Any change to be communicated with in 30 days. Closure of an establishment need to be communicated within 15 days from closure.

Punjab Within 30 days from the date of commencement. Any change to be communicated with in 7 days. Closure of an establishment need to be communicated within 10 days from closure.

Uttar Pradesh Within 3 months from the date of commencement. To be renewed on expiry of validity.

West Bengal Within 30 days from the date of commencement. Any change to be communicated with in appropriate time/ days. Every case where a shop or an establishment is closed for a continuous period of six months or more shall be treated for the purposes of this Rule as a case of winding up.

Registration / Renewal/Closure

Opening & Closing Hours of Establishment and Daily & Weekly Hours of Work

States Opening & closing hours of establishment

Daily and weekly hours of work

Andhra Pradesh

The Government may, for the purposes of this section fix different hours for different classes of establishments or for different areas or for different times of the year.

Not more than eight hours in any day and forty-eight hours in any week.(2) Any employee may be required or allowed to work in an establishment for any period in excess of the limit fixed under sub-section (1), on payment of overtime wages, subject to a maximum period of six hours in any week.

Goa, Diu-Daman

No establishment shall on any day be opened earlier or closed later than such hour as the Government may, after previous publication in the Official Gazette, by general or special order specify in that behalf.

Subject to other provisions of this Act, no employee in any establishment shall be required or allowed to work therein for more than eight hours in any day and forty eight hours in any week.

States Opening & closing hours of establishment

Daily and weekly hours of work

Gujarat No commercial establishment shall on any day be opened earlier than 8.30 am and closed later than 8.30 pm.

Subject to the (other) provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.

Haryana Government shall by notification 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 area.

9 hours in a day and 48 hours a week.


States Opening and Closing hours of work Daily and weekly hours of work

Delhi No shop or commercial establishment on any day, be opened earlier than such hour or closed later than such hour, as may be fixed by the Government by general or special order made in that behalf.

Punjab Government shall by notification 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 area.

9 hours in a day and 48 hours a week.

Tamil Nadu No shop shall on any day be opened earlier or closed later than such hours as may be fixed by the State Government, by a general or special order in that behalf.


States Opening and closing hours of establishment

Daily and weekly hours of work.

Uttar Pradesh

No employer shall on any day open before 9 am or keep open after 7 pm any commercial establishment, not mentioned in Schedule II of the Act.

No shop or commercial establishment, not being a shop or commercial establishment mentioned in Schedule II, shall, on any day, open earlier, or close late than such hour as may be prescribed in this behalf.

West Bengal

Form I or in Form I (1) as the shop-keeper or employer may choose showing the daily hours of actual work and hours of rest against the name of each employee and also the hours of opening and closing of such shop or establishment.

No person employed in an establishment shall be required or permitted to work in such establishment for more than eight hours and a half in any one day or for more than forty-eight hours in any one week or after the hour of closing of such establishment.


Interval of Rest, Spread Hours of Work & Weekly Off

States Interval of Rest Spread hours or work Weekly OffAndhra Pradesh No employee shall be required or

allowed to work in such establishment for more than five hours in any day unless he has had an interval for rest of at least one hour :hours of work are less than eight hours, reduce interval for rest to half-an-hour on an application made by the employer, with the consent of the employees.

The periods of work of an employee in an establishment shall be so arranged that, along with his interval for rest, they shall not spread-over for more than twelve hours on any day :

Every employee in any establishment shall be allowed in each week a holiday of one whole day

Goa, Diu-Daman No employee in any shop shall be required or allowed to work therein for more than five hours in any day unless he has had an interval for rest of at least one hour:

The periods of work of an employee in a shop shall be so arranged that, along with his intervals for rest, they shall not spread over more than twelve hours in any day:

Every employee in an establishment shall be allowed in each week a holiday of one whole day. Provided that nothing in this sub—section shall apply to an employee whose total period of employment in the week including the days spent on authorised leave is less than six days.

States Interval of Rest Spread over of working hours

Weekly Off

Gujarat The period of work of an employee in a shop or commercial establishment each day shall be so fixed that no period for continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest of at least:

The spread-over of an employee in a shop shall not exceed eleven hours in any day:

(1) Every shop and commercial establishment shall remain closed on one day of the week.

Haryana 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.

the period of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, the spread-over shall not be more than twelve hours in a day.

1) Every establishment shall remain closed on every Sunday: Provided that , in the case of an establishment attached to a factory, the employer may substitute the close day of such establishment so as to correspond to the substituted close day



Weekly Off

New Delhi The period of work of an adult employee in an establishment each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he has had an interval for rest and meals of at least half an hour.

The periods of work on any day of an adult person shall be so arranged that inclusive of his interval for rest or meals as required under Section 10, they shall not spread over more than ten and a half hours in any commercial establishment or for more than twelve hours in any shop.

Every shop and commercial establishment shall remain closed on a close day

Tamil Nadu The periods of work of a person employed in an establishment shall be so arranged that along with his intervals for rest, they shall not spread over more than twelve hours in any day.

Every person employed in an establishment shall be allowed in each week a holiday of one whole day:



Weekly off

Uttar Pradesh interval of not less than half an hour for rest after not more than five hours of continuous work.

spread-over more than twelve hours in one day:

Any one day in a week

West Bengal required or permitted to work in such establishment for more than five hours and a half in any one day unless he has been allowed an interval for rest of at least one hour during that day.

intervals for rest of every person employed in an establishment shall be arranged by the employer of such person so that together they do not extend over more than ten hours and a half in any one day.

The day and the half day during which a shop or an establishment shall be entirely closed in each wee


Leave, Other holidays & Pay for leave/Holidays

States Casual leave

Sick leave

Privilege leave

Accumulation of leave

Other Paid Holidays Pay for leave/Holidays

Andhra Pradesh

12 12 15 (15 days in subsequent

year on completion of 240 days

,)

60 (1) Every employee in any establishment shall also be entitled to nine holidays in a year with wages. the 26th January (Republic Day ), 1st May (May Day), 15th August (Independence Day), 2nd October (Gandhi Jayanthi ) and 1st November (Andhra Pradesh Formation Day) and on every such holiday, all the establishments, either with or without employees shall remain closed.

any such holiday declared under sub-section (1) or sub-section (2), subject to the condition that in lieu thereof, a compensatory holiday with wages shall be allowed to such person within thirty days from the date of such holiday ;Provided further that, such establishment is required to work on any such compensatory holiday he shall be paid additional wages at the ordinary rate of wages in lieu of such holiday.

States Casual leave

Sick leave

Privilege leave

Accumulation of leave

Other Paid Holidays

Pay for leave/Holidays

Gujarat 7 7 21 63 7 Paid holidays Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.

Karnataka …… 12 1 day for every twenty days of work performed by him in case of an adult;

30


States Casual leave

Sick leave

Privilege leave Accumulation of leave


Madhya Pradesh

14 ……. 30 90

Maharashtra 8 …. 21 1 day for every 20 days worked 240 days in a year.

45 8 Employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday

Punjab 7 7 20 not less than twenty days in a year shall be entitled to one day's earned leave for every such twenty days:

40 a) a holiday with wages on the Independence Day, republic Day and Mahatma Gandhi's birthday; and (b) three other holidays with wages in a year in connection with such festivals as government may declare from time to time by notification;


States Casual leave

Sick leave

Privilege leave Accumulation of leave


Tamil Nadu 12 12 12 24

Uttar Pradesh 10 15 15 45 1) Republic day 2) Holi Parewa 3) Birthday of Dr

Ambedkar 4) Independence Day 5) Birthday of

Mahatma Gandhi 6) Diwali Parewa 7) Kartiki Poornima 8) Idul Fitr.

West Bengal 10 14 (Accumulation up to 56 days)

14 28


Overtime Hours Limit and Overtime wages & Penalties

States Overtime hours Limit/Overtime wages Penalties

Andhra Pradesh rate of wages and in respect of work in excess of eight hours a day and forty eight hours a week at twice the ordinary rate of wages, in addition to the wages for the normal hours of work.

Any employer who makes any false or incorrect statement , or contravene the provision shall be punishable with fine which may extend from one hundred rupees to 10000.

Goa, Diu-Daman allowed to work in a shop for any period in excess of the limit fixed under sub-section (1), on payment of overtime wages, subject however that the maximum period of such excess in a week shall be six hours.

First offence Rs.250/- Second offence 500/- third and subsequent offence 1500 to 2000/-I (2) in case of non possession of registration the fine is 100/- per day on continuing of offence.

Gujarat [Where an employee in any establishment other than a residential hotel restaurant or eating house is required to work in excess of limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.

If any person contravenes the provisions of section 12, he shall, on conviction, [be punished for each offence with fine which shall not be less than] [10 rupees] and which may extend may extend to 50 rupees.

Karnataka total number of hours of work including overtime shall not exceed ten hours in any day that the total number of overtime hours worked by an employee does not exceed fifty in a period of three continuous months. Where an employee works in any establishment for more than nine 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 twice the rate of normal wages.

) The jurisdictional Labour Officer in lieu of prosecution may compound the offenses punishable under this Act or the rules made thereunder, except the offenses punishable under Sections 24 and 25, at the option of the offending employer before or after the institution of the prosecution by levying a sum not exceeding two thousand but not less than rupees one thousand for the first offense and and for the second or subsequent same offense, a sum not exceeding rupees five thousand but not less than rupees two thousand.


Madhya Pradesh ) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under subsection (1) if such period does not exceed six hours in any week. Where an employee in any establishment is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, ,to wages at the rate of twice his ordinary rate of wages. [Explanation.- For the purposes of this section, "limit of hours of work" shall mean--

The employer and the manager shall, on conviction each be punished with fine which shall not be less than fifty rupees and which may extend to five hundred rupees, if on continuing further it will be fine with 50 rupees per day.

Maharashtra Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed [six] hours in any week.

penalty on contravention of certain provision and offences may extend from 100 to rupees five thousand.



Tamil Nadu any period in excess of the limit fixed under this sub-section subject to payment of overtime wages, if the period of work, including overtime work, does not exceed ten hours in any day and in the aggregate fifty-four hours in any week. Where any person employed in any establishment is required to work overtime, he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages.

employer who contravenes any of the provisions of the sections 7, 9 to 11, 13 to 23, 25, 26, 29 to 41 and 47 shall be punishable for a first offence, with fine which may extend to twenty-five rupees, and for a second or subsequent offence , with fine which may extended to two hundred and fifty rupee

Uttar Pradesh required or allowed to work longer than the aforesaid hours of work, so however, that the total number of hours of work including overtime does not exceed ten and total number of hours of overtime work shall not exceed fifty in any quarter.shall be paid by his employer, wages at twice the ordinary rate, for every overtime worked.

Any person guilty of an offence under this 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.



West Bengal The total number of hours of his work including overtime work shall not exceed ten hours in any one day, and the total number of hours worked overtime by him shall not exceed one hundred and twenty hours in any one year.The wages payable to such person in respect of such over-time shall be calculated at twice the ordinary rate of wages payable to him, and such ordinary rate of wages.

Whoever contravenes any of the provisions of this Act, shall, or conviction, be punishable with fine which may extend to five hundred rupees for the first offence. Whoever contravenes, after the first offence, any of the provision of this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both :

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shops & establishment act

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