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Dear Sir,
There is nothing wrong in keeping the registers according to this Excel sheet under this Act. We can produce the hard copy before the inspector for inspection purposes. The main difficulty will be obtaining the signatures of the employees in this format. You have rightly suggested seeking an exemption from the appropriate authority. Rule 6 of this Act stipulates that all entries must be made in ink, the register should be page-marked, and it should be signed by both the employee and the employer. Compliance with Rule 6 is very challenging. How will every employer approach the authority for the grant of exemption? Additionally, the authority will only provide exemptions for a specific period, requiring us to reapply repeatedly. In our opinion, Industrial/Management Associations should petition the government to amend this Rule. In other Acts such as the Factories Act, Minimum Wages Act, Contract Labour (R&A) Act, there is no requirement for employee signatures to mark attendance. Therefore, what is the necessity of taking employee signatures under this Act?
Regards, R.N. Khola
09810405361
From India, Delhi
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There is nothing wrong in keeping the registers according to this Excel sheet under this Act. We can produce the hard copy before the inspector for inspection purposes. The main difficulty will be obtaining the signatures of the employees in this format. You have rightly suggested seeking an exemption from the appropriate authority. Rule 6 of this Act stipulates that all entries must be made in ink, the register should be page-marked, and it should be signed by both the employee and the employer. Compliance with Rule 6 is very challenging. How will every employer approach the authority for the grant of exemption? Additionally, the authority will only provide exemptions for a specific period, requiring us to reapply repeatedly. In our opinion, Industrial/Management Associations should petition the government to amend this Rule. In other Acts such as the Factories Act, Minimum Wages Act, Contract Labour (R&A) Act, there is no requirement for employee signatures to mark attendance. Therefore, what is the necessity of taking employee signatures under this Act?
Regards, R.N. Khola
09810405361
From India, Delhi
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priju in forms here is registration no.. ,what is ths?I am nt getting..Is every employee hving any specific registration no.?pls help
From India, Jaipur
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From India, Jaipur
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May i hv ur id?its nt easy to talk through forums only..I need ur help in HR as I am jst a trainee
From India, Jaipur
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From India, Jaipur
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Dear Kirti,
Please find the registration information below:
Every owner of a 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 a 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 registering 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 favor of the inspector concerned as 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 prescribed and shall be renewable from time to time by the chief inspector for such further period as may be prescribed. 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 the renewal of a registration certificate may be made on plain paper, stating therein the name of the owner, the name and address of the shop or commercial establishment, and the number of employees to the inspector. Renewal of the registration certificate shall be made in Form ‘M’.
3. In case of late fee for registration & renewal of the certificate, the owner shall be made only on the payment of late fee at the rate of 12.5% of the fee of registration & renewal of the certificate. The late fee shall accompany the application.
4. The registration certificate shall not be transferable. In case of the transfer of ownership, the new owner shall have to apply afresh and obtain a registration certificate.
5. In case of an amendment of the 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 the occurrence of such change together with the 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 prescribed manner on the payment of prescribed fees.
7. In case of the closing down of a shop or commercial establishment, the owner shall notify such closure in writing to the inspector concerned within 15 days of 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 color.
HOURS OF BUSINESS
No shops or establishments on any day can be opened earlier than such an hour or closed later than such an hour as may be prescribed by the State Government.
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.
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 an employee.
The total number of hours of overtime work shall not exceed fifty in a 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 overtime.
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
Close days:
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:
1. Republic Day
2. Holi Parwa
3. Birthday of Dr. Ambedkar
4. Independence Day
5. Birthday of Mahatma Gandhi
6. Diwali Parwa
7. Kartik Purnima
8. Idu’l Fitr
The choice of a close day not being a close day that is a public holiday shall, subject to the approval of the authority, rest with the employer. A notice specifying all close days 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.
Holidays:
Every employee, not being a watchman or a caretaker, shall be allowed by the employer, a holiday on:
- (i) Every close day that 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 a holiday. The notice shall be exhibited before the person employed ceases work on the Saturday immediately the week during which it will have effect.
Earned Leave, Sickness Leave, and Casual Leave:
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 the case of a 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 the exigency of work, and reasons for giving refusal shall be recorded in writing and communicated 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 an 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 expense 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.
WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
Wage Period:
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 is 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 payment.
All payment of wages shall be made on a working day.
Payment of Wages for the 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 wage 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:
From India, Delhi
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Please find the registration information below:
Every owner of a 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 a 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 registering 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 favor of the inspector concerned as 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 prescribed and shall be renewable from time to time by the chief inspector for such further period as may be prescribed. 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 the renewal of a registration certificate may be made on plain paper, stating therein the name of the owner, the name and address of the shop or commercial establishment, and the number of employees to the inspector. Renewal of the registration certificate shall be made in Form ‘M’.
3. In case of late fee for registration & renewal of the certificate, the owner shall be made only on the payment of late fee at the rate of 12.5% of the fee of registration & renewal of the certificate. The late fee shall accompany the application.
4. The registration certificate shall not be transferable. In case of the transfer of ownership, the new owner shall have to apply afresh and obtain a registration certificate.
5. In case of an amendment of the 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 the occurrence of such change together with the 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 prescribed manner on the payment of prescribed fees.
7. In case of the closing down of a shop or commercial establishment, the owner shall notify such closure in writing to the inspector concerned within 15 days of 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 color.
HOURS OF BUSINESS
No shops or establishments on any day can be opened earlier than such an hour or closed later than such an hour as may be prescribed by the State Government.
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.
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 an employee.
The total number of hours of overtime work shall not exceed fifty in a 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 overtime.
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
Close days:
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:
1. Republic Day
2. Holi Parwa
3. Birthday of Dr. Ambedkar
4. Independence Day
5. Birthday of Mahatma Gandhi
6. Diwali Parwa
7. Kartik Purnima
8. Idu’l Fitr
The choice of a close day not being a close day that is a public holiday shall, subject to the approval of the authority, rest with the employer. A notice specifying all close days 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.
Holidays:
Every employee, not being a watchman or a caretaker, shall be allowed by the employer, a holiday on:
- (i) Every close day that 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 a holiday. The notice shall be exhibited before the person employed ceases work on the Saturday immediately the week during which it will have effect.
Earned Leave, Sickness Leave, and Casual Leave:
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 the case of a 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 the exigency of work, and reasons for giving refusal shall be recorded in writing and communicated 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 an 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 expense 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.
WAGE DEDUCTIONS AND NOTICES OF DISCHARGE
Wage Period:
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 is 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 payment.
All payment of wages shall be made on a working day.
Payment of Wages for the 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 wage 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:
From India, Delhi
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Should HR report to production or directly to the employer? In my opinion, HR is the person responsible for managing personnel matters for both employees and employers. Therefore, the operations head or production head cannot supervise HR; HR should report directly to the employer. Please reply.
From India, Gurgaon
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From India, Gurgaon
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Dear Pathak, Ar present to whom you are requesting ? Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
From India, Delhi
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From India, Delhi
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hi Mr. Kohla, i wana to discuss if we want to take the contract labour resistration then wht shuld we do please suggest
From India, Gurgaon
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From India, Gurgaon
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do we have to register locally or centrally we can do the same at gurgaon, we have 16 location office apart from gurgaon, need your guidiance,
From India, Gurgaon
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From India, Gurgaon
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hello guys pls find below encolsed file of forms umder contract labour act regards santhosh
From India
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From India
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Dear Sir,
Greetings.
I am working as an HR Executive in a pharmaceutical company that has its corporate office in Chandigarh. I have to get the registration for this office under the Punjab Shops & Commercial Establishment Act, 1958.
As I don't know much about this act, can you provide me with the information on how to maintain/fill the Form C register? What other types of formalities do we have to perform for this registration process? We have been operating from here since September 2009, and the registration is still pending.
Waiting for your help.
Regards,
Manvinder
From India, Chandigarh
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Greetings.
I am working as an HR Executive in a pharmaceutical company that has its corporate office in Chandigarh. I have to get the registration for this office under the Punjab Shops & Commercial Establishment Act, 1958.
As I don't know much about this act, can you provide me with the information on how to maintain/fill the Form C register? What other types of formalities do we have to perform for this registration process? We have been operating from here since September 2009, and the registration is still pending.
Waiting for your help.
Regards,
Manvinder
From India, Chandigarh
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Dear Manvinder,
Go to Sector 17 market and purchase the book on Punjab Shops and Commercial Establishment Act, 1958, and the rules made thereunder to have knowledge of the proper enforcement of this Act. You can also buy the set of forms for Shop Act registration from the same book depot and submit them to the Labour and Shops Inspector of your area at the office of the Assistant Labour Commissioner, UT, whose office is situated at Labour Welfare Board Building in Sector 30 for registration.
With Regards,
R.N.Khola
From India, Delhi
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Go to Sector 17 market and purchase the book on Punjab Shops and Commercial Establishment Act, 1958, and the rules made thereunder to have knowledge of the proper enforcement of this Act. You can also buy the set of forms for Shop Act registration from the same book depot and submit them to the Labour and Shops Inspector of your area at the office of the Assistant Labour Commissioner, UT, whose office is situated at Labour Welfare Board Building in Sector 30 for registration.
With Regards,
R.N.Khola
From India, Delhi
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