Thread Started by #Anant Pradhan

Hi All,
Just Wanted to Confirm which Information(1. or 2.) is Correct for an ITeS Pvt. Ltd. Co. in West Bengal :
1. Leaves as per Shops and Est Act -- 1. PL - 14
2. SL- 7
3. CL- 10
Indian Holidays ( Diwali, 2nd October and So on ) : 10
These are the mandatory leaves that Company may allocate. But if someone Works in Indian Holidays Compensatory Off can be allocated Plus Extra pay on the Holiday they are working.
2. Leaves as Per Shops and Est Act -- 1. PL - 7
2. SL-7
3. CL- 7
Indian Holidays (Diwali , 2nd October, 26th Jan) : 10
These are the mandatory leaves that company has to allocate. There is nothing as Compensatory Off as per shops and Establishments Act.
Please let me know which of this is correct ?
Regards
AP
8th October 2018 From India, Kolkata
Pl.read the following, with updates if any, extract from the Act -
xxxxx
11. A person employed in a shop or an establishment shall be entitled—
(a) for every completed year of continuous service, to privilege leave
on full pay Tor fourteen days,
in every year, to sick leave on half pay for fourteen days on medical certificate
obtained from a medical practitioner registered under the Bengal Medical Act,
1914, or any other law for the time being in force,
in every year, (o casual leave on full pay for ten days, and in the
case of woman, to maternity leave in accordance with such rules as
may be prescribed:
Provided that—
(i) privilege leave admissible under clause (a) may be accumulated up
to a maximum of not more than twenty-eight days;
'Section SA was instiled by s. 5 of ihe West Bengal Shops and Establishment
486
Person employed lo
bo cm j I Jed
lo wages Tor
ihc period
or privilege
leave in ease
of icnni nation
of service.
Wages for
overtime
work.
Payqieni and
recovery of
wa«es.
The Wesl Bengal Shops and Establishments Act, 1963.
[West Ben. Act
(Sections 12-J 4.)
(ii) sick leave admissible under clause (b) may be accumulated
up to a maximum of rial more than fifty-six days; and (Hi) casual
leave admissible under clause (c) shall not be accumulated.
Explanation.—In calculating any leave due under (his Act, employment in
any shop or establishment before the application of this Act shall be taken into
account.
12. Any person employed in a shop or an establishment whose services are
terminated by or under the orders of the shop-keeper or the employer shall be
entitled to wages for the period of privilege leave due to his credit at the time of
such termination.
13. When any person employed in a shop or an establishment is required
or permitted to work overtime in such shop or establishment, the wages
payable to such person in respect of such overtime work shall be calculated at
'[twice] the ordinary rate of wages payable to him, and such ordinary rate of
wages shall be calculated in such manner as may be prescribed:
Provided that this section shall not operate to the prejudice of any higher
rate of overtime wages granted under any agreement, award, custom or
convention. 1
Explanation.—For the purpose of this section 'overtime work' shall include
any work done on any day declared by ^notification by the Stale Government
to be a National holiday.
14. (I) All wages payable lo a person employed in a shop or an
establishment shall be paid not later than the tenth day of the month
immediately succeeding that in respect of which such wages are payable.
(2) Where any deduction has been made from the wages of any person
employed in a shop or an establishment or any payment of wages lo such
person has not been made within the date referred to in sub-section (1), such
person may, within a period of six months from the date on which the
deduction from the wages was made or from the date referred to ......xxxx
xxx
and see this link...
https://wbshopsonline.in/
9th October 2018 From India, Bangalore

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File Type: pdf The West Bengal Shops and Establishments Act, 1963_1.pdf (252.8 KB, 16 views)

Thanks kumar for helping me with this policy. However I was just wondering How BPOs function in West Bengal. As , if they provide all Indian Holidays and 31 Days (14 PL, 7 SL and 10 CL) , they would probably run out of business.
Please let me know if there is a Law or Rule that makes this possible for BPOs to function.
Thanks and Regards
AP
10th October 2018 From India, Kolkata
Dear Anant,
Pl.see the list of Public Holidays published by the GoWB attached. As you know only the following are the compulsory public holidays in any year, all over India, meaning, reg.other days left to the individual estts.to modify to suit their operations:
1. Republic Day - 26th January
2. Dr.Ambedkar Jayanthi - 14th April
3. Independence Day - 15th August and
4. Gandhi Jayanthi - 2nd Oct.
I, am really surprised to see various lists of holidays in WB for different purposes/religion wise etc. This practice is unique for WB unlike other states. You know well, in India law breakers thrive compared to law abiding ones. This country can bear both of these categories despite onslaught from all sides that's the wonder and we still remain a strong democracy and with a reasonable sound economy/growth rate braving collapses witnessed in other emerging economies, of course ups & downs seen now and then.
11th October 2018 From India, Bangalore

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File Type: pdf West Bengal Public Holidays-2018.pdf (2.43 MB, 11 views)

Hi Kumar,
I agree with you to every word of yours.
The assistance and direction that you provided is truly commendable.
Regards
Anant
12th October 2018 From India, Kolkata
WB Govt. permits shops & estts to keep open on all 7 days in a week, see the attachment.
30th November 2018 From India, Bangalore

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File Type: pdf WBShops and estab. Act. Shops allowed to remain open for all 7 days in a week.pdf (173.0 KB, 6 views)

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