Know about Kerala Shops and Establishments Act

Objective:

This state enactment regulate the conditions of work in an establishment and provide for statutory obligations of the employers and rights of the employees in the unorganized sector of employment and other establishments. In addition to maintaining certain records, the enactments also provide for the following:

• Working hours per day and week.
• Guidelines for opening and closing hours, closed days, national and religious holidays, overtime work, spread-over, rest interval.
• Rules for employment of women, children and young persons.
• Annual leave, casual leave, sickness leave, maternity leave, etc.
• Rules for employment and termination of the same.
• Maintenance of registers and records and display of notices.
• Duties of employers and employees.

     2. Applicability

All shops and commercial establishments except the establishments registered under Factories Act have to be registered under this Act. All shops and commercial establishments have to be registered under the Act irrespective of the number of workers.

    3. Procedure for registration of establishments under Shop              Act

       (i) Application in form B1

      (ii)Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the                  office of the Asst. Labour Officer

     (iii)Submit the form B1 and original chalan receipt at the office of the Asst. Labour Officer having                            jurisdiction over the area with in 60 days from the date of commencement of the                                         establishment.

    4. Prescribed Registration Fees

        No. of workers Nil - `10

        Up to 5 workers- ` 50

        Above 5 and up to 10 workers- ` 50

        Above 10 and up to 20 workers- ` 200

        Above 20 and up to 30 workers- ` 300

        Above 30 and up to 50 workers- ` 500

        Above 50 and up to 100 workers- `1000

        Above 100 workers- `2000

   5. Renewal                                                                                                 

       May be renewed from year to year, 30 days before the expiry of registration certificate.

   6.Total number of hours required to be worked by an  employee  in an establishment.                                  No employee is required or allowed to work for more than 8 hours  in any day and 48 hours in any week.          Number of hours of  work including overtime shall not exceed ten hours in anybody and total number of            hours of overtime shall not exceed fifty hours for any quarter. The employee is entitled wages at the rate          of  twice the ordinary rate.

  7. Period of work of an employee in an establishment  including intervals for rest 
       Ten and a half hours

 8.Total number of leave with wages entitled to an employed (who completed 12 months of                           continuous service)

• Holidays with wages for a period of 12 days
• Leave with wages for a period of 12 days on the ground of sickness
• Casual leave with wages for a period of 12 days on any reasonable grounds.

9. Registers to be maintained by an employer

• Register of employment in form A
• Service Record in form BB
• Holidays given to workers in form E
• Extracts of the Act in Malayalam
• Register of holidays and leave granted in form F
• Visit book
• Quarterly returns in form H (if there are 10 or more workers)

Enrolling for Shop and Commercial Establishment Employees Welfare Fund

By registering your firm under the Shop and Establishment Act, you will also be required to enroll your employees (if you have employees on roll) under “Shop and Commercial Establishment Welfare Fund “.