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With reference to Uttar Pradesh Labour Laws
The Uttar Pradesh Shops and Commercial Establishments Act, 1962
This Act is applicable to all shops and establishments in the whole of Uttar Pradesh.
REGISTRATION OF SHOPS AND COMMERCIAL ESTABLISHMENTS
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.
Term and Renewal of registration certificate/Duplicate Registration Certificate/
Amendment of registration certificate
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.
HOURS OF BUSINESS
Hours of 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.
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.
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.
HOLIDAYS AND LEAVE
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 holidays-
Birthday of Dr.Ambedkar
Birthday of Mahatma Gandhi
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.
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.
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.
Earned Leave, Sickness Leave and Casual 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.
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.
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.
WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
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.
Payment of Wages for period of earned leave
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.
Deduction from wages
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
such amenities and services supplied by the employer as the Appropriate Government or any officer specified by it in this behalf may, by general or special order,
recovery of advances or of over-payments of wages
income tax payable by the employed person
deductions required to be made by order of a Court or other authority competent to make such order
for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (19 of 1925), applies or any recognized provident fund as defined in Section 58-A of the Indian Income Tax Act, 1922 (11 of 1922), or any provident fund approved in this behalf by the Appropriate Government, during the continuance of such approval.
payments to cooperative societies approved by the Appropriate Government
revenue stamps required to be attached to pay receipts.
payment of any premium of his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government ;
payment of any security deposit agreed to in writing by an employee and in accordance with any scheme approved previously in writing by the chief inspector.
Employee contribution to a superannuation fun approved under income tax act. Or of any similar scheme agreed to in writing by employer and previously in writing by the chief inspector.
All deductions and realizations shall be recorded in a register in Form ‘D’
Fines on employees
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
Discharge of employee by his employer
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.
EMPLOYMENT OF CHILDREN AND WOMEN
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.
ENFORCEMENT AND PENALTIES
Maintenance of registers and records/ Inspector & facilities to be afforded to inspector
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.
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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