Key provisions of Shops & Establishment Act

 

Opening hours of shops: The shop owner will display hours of operation very clearly, and the state government can specify the outer limits for operations.

Closing hours of shops: The government with the notification can specify the closing time for each category of shops registered under the act.

Hawking prohibited: before opening and after closing hours of shops: Employer/owner to ensure no hawking taking place before and after the working hours of shop

Opening and closing hours of commercial establishments: No commercial establishment shall on any day be opened earlier than 8.30 a.m. and closed later than 9.30 p.m.

Daily and weekly hours of work in shops and commercial establishments: Subject to provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than Nine hours on any day and forty-eight hours in any week. 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. (3) On not more than six days in a year which the [State] Government may fix by rules made on this behalf, for purposes of making of accounts, stock taking settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section if such excess period does not exceed twenty-four hours.

The interval for rest.- Spread over 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 one hour

Spread over in shops:  Spread-over in commercial establishments is allowed and owners can have staggered hours of working to ensure the manpower is available during business hours of establishments.

Weekly offs: Under the act, the manager has to declare the Holidays in a week in shops and commercial establishments

Opening and closing hours of restaurants and eating houses: Restaurants and eating houses are not to sell goods of the kind sold before the opening and after the closing hours of shops. Daily and weekly hours of work in residential hotels, restaurants and eating houses. There should be a provision for Intervals for rest and in case Spread-over is used it should be shown at the visible location and place for rest to be provided. The manager has to provide for Holidays for a week. The employer has to give an identity card to each and every employee employed by him on his premises.

Employment of Child and Young Person: Employment of Children, Young Persons and Women are restricted and, no child shall be required or allowed to work whether as an employer or otherwise in any establishment, notwithstanding that such child is a member of the family of the employer. Opening and closing hours for young persons and women and No such young person shall be required or allowed to work in any establishment after 7.00 p.m. No such woman shall be required or allowed to work in any establishment after 9.30 p.m. 34.

Daily hours of work for young persons: Notwithstanding anything contained in this Act, no young person shall be required or allowed to work, whether as an employee or otherwise, in any establishment for more than six hours on any day.

No young person shall be required or allowed to work whether as an employee or otherwise in any establishment for more than three hours on any day unless he has had an interval for the rest of at least half an hour.

Prohibition of employment of young persons and women in dangerous work: No young person or woman working in any establishment, whether as an employee or otherwise, shall be required or allowed to perform such work as may be declared by the State Government by notification in the Official Gazette, to be work involving danger to life, health or morals.

Leave and Other Acts applicable and provisions: Minimum working days and accumulation-related provisions are made in each state act. Pay during leave if asked to be provided for by the manager. Payment when to be made before or after based on the tenure of leave applied. Shops and establishments have Applications and amendment of the Payment of Wages Act is applicable to all the stakeholders. Shops and establishments have applied of Industrial Employment (Standing Orders) Act to Establishments also Maternity Benefit Act for women employees in the establishment. All aspects of Overtime and wages for overtime are applicable as per the standing order. The Manager is expected to the maintenance of Registers of employees, wages, leave, and overtime as prescribed by law.  The provision of Restriction on double employment on a holiday or during leave, Notice of termination of service

Health Safety and Environment: The manager is to ensure cleanliness, Ventilation, and Lighting as per the norms. It should be adequate and sufficient to ensure a healthy condition for work. There should be Precautions against fire as per relevant acts and rules of a local body. The Manager has to keep the First Aid kit as per norms.

Enforcement and Inspections: Under this law, the Powers and duties of local Authorities are specified and, they can make the rule, in case of failure of the local authority the State government can take over the administration of acts in specific areas. The state government can delegate the powers to any other body to discharge the duties under this act. State government to provide for the performance of duties on default by a local authority. State government can Appointment of Inspectors, and specify the Powers and Duties of Inspectors. The inspectors appointed under this act shall be public servants.