Shops & Establishment Act, 1963 ( WB)

Brief outline.

What is an “Establishment”?

it means any industrial / commercial undertakings bank insurance company joint stock company clerical dept of any factory advertising, forwarding agency IT/ soft ware industry ( exemption of the govt for the working women

at night shift with certain conditions ) technical consultants / professional consultant registered society hospitals charitable trust etc undertaking of the state govt by notification Has to apply for registration in F--B , as per WB Rules/renewal in F-D

Which are not ‘ Establishment” ?

central govt/ state govt offices RBI Any railway admin / services Postal telegraph/ air ways/ water transport Public conservancy/ sanitation Industry/ business power, light , water to the public Spastic society etc Exemption power of the Govt. is vested in the

statute.

Holidays.

every persons employed in the establishment should have

one and half days as holidays in a week . no deduction of wages from holiday even

he/is employed on ‘no work no pay’ basis. Notice must be given to the authority on

which day the establishment wants to declare as weekly holiday.

Hours of work

Not more than 8.5 hrs / day or more than 48 hrs / week

Working beyond 48 hrs will attract as OT Total hrs of OT should not exceed 10 hrs /

day( including normal working hrs) Max 120 hrs of OT/ year OT amount to be paid at the double the rate of wages Manner of computation has been prescribed in the

WB Rules Interval of rest at least for 1 hr after five & half hrs

working at a stretch

Leave.

PL---for every ‘completed yrs of service’ PL with full pay for 14 days/ yr, subject to max 28 days accumulation.

sick leave ---with half pay for 14 days max subject to 56 days accumulation.

CL max 10 days with full pay but no accumulation. Maternity leave , 6 weeks before delivery & 6 weeks

after delivery. Employer will have to pay salary/ money to her during these 12 weeks (leave with pay )

No maternity leave benefit, if she does not work min 80 days in the 12 months immediately preceding the date of her expected delivery for those not covered under ESI . Maternity benefit act,1961 to apply in WB

ML has to apply if F/K as per rules

Salary/ Wages

Payment of Wages . It is covered under payment of wages act,1936. Limit for WB now 10k / month & for other states 18k/ month.

Rate of wages to different categories of employees ---- as per Minimum wages Act,’48 as notified from time to time by the Govt./ or as per agreement with the unions or as per practice.

Disbursement of salary, by 10th of the succeeding month, has to be made but keeping in mind provisions of payment of wages statute.

Application for recovery of Wages (if not paid or money deducted wrongfully) has to be claimed in F/ N, as per WB rules

Termination of services

No one can be terminated, who has completed one yr service without giving

1 month notice or 1 month salary in lieu of notice

has to be a speaking order ( in writing only) Reasons of termination has to be spelt out Right of the employees to go appeal against

the decision of termination of service.

Penalty for violation of the statute for 1st offence, under any provisions of the

Act, Rs 500 fine , after conviction for repeat offence , 3 months imprisonment

or fine of Rs 1000/ - or both. Inspectors are deemed to be as public

servant / sec 21 of IPC of 1860 . 25 prescribed forms as per rules to follow &

maintain. Some registers are to be maintained as per rules.

Thank You.

Prabir Kumar Dasgupta.

+91 9830136696