LEAVE
Querist :
Anonymous
(Querist) 10 January 2011
This query is : Resolved
Dear Sir,
I have a doubt that is as per “THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960” (list in the below page), every shop have one day leave in a week and employee can avail this facility but..Now around 70% shops advertisement shows as they will work all days (so no leave or closing day)
And my friends worked in that shops (non govt employees) told that didn’t get any leaves and if necessary they get 3 leave in a months there is no leave for festival, public holiday and all days shops will open, they are afraid to tell and act any thing lawfully against the company because this will be reason to lose their job
Their working times 10 hour to 12 hour not 8 hours as per the act….and they didn’t get over time payments and if they take more than 3 leaves salary will be deducted .. Sir so what is the use of this law, the company is registered under lab our rules (both ESI & PF) but not disclose all employees name
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960
“IX CLOSING OF SHOPS : Every shops shall remain entirely closed on one day of the week and
a notice shall be permanently exhibited in the shop specifying the day of closure. This is not
applicable to shops exempted in the Act or excepted by the Govt.
X HOURS OF WORK : No employee in any establishment shall be required to work for more
than eight hours in any day and 48 hours in any week. The number of hours of which including
overtime shall not exceed ten hours in any day except on stock taking etc. and the total number
of hours of over time shall not exceed fifty for any quarter.
X A. EXTRA WAGES FOR OVERTIME WORK: Where an employee works in any establishment
for eight hours in any day or for more than forty eight hours in any week shall in respect of such
overtime work be entitled to twice the ordinary rate of wages.
XI WEEKLY HOLIDAYS : Every Person employed in shops or a commercial establishments
shall be allowed in each week a holiday of one whole day.
XII LEAVE : Employees are eligible for leave in lien of:
i. Annual leave for 12 days with wages to employees after completion of 12 months
continuous service.
ii. Leave with wages not exceeding twelve days on the ground of any sickness or accident
sustained by him.
iii. Casual leave with wages not exceeding twelve days.
iv. Six days special casual leave for sterilization operation in the case of male employees and
14 days in the case of female employees, subject to the provision of the Act.”
Thanking you Sir
Vignesh Narayan
H.M.Patnaik
(Expert) 11 January 2011
Yes, As per the law, all regd. establishments has to observe one specified day as weekly off day and declare all the national holidays as well as state holidays as holiays for the workmen.
Querist :
Anonymous
(Querist) 11 January 2011
Thanks sir ,
But law means for obey ...not for refuse....if it is any one do (refuse ) like this it is criminal ....if court or govt not consider his refusel so what is the meaning if our law....
Can we do any thing...
