West Bengal Government allows Shops and Establishments to remain open for 7 days a week

Nov 26, 2018 | by Avantis RegTech Legal Research Team

The Labour Department of West Bengal, vide a Notification  dated October 30, 2018, has allowed all classes of shops and establishments to remain open for all 7 days a week without affecting the rights and interests of the workers. As per this Notification, the exemption is granted under Section 5(1) of the West Bengal Shops and Establishments Act, 1963 subject to fulfillment of the following conditions:

·         Every employee must be given one and a half day holiday in a week in rotation without making any deduction from his/her wages on account thereof and the list of the time table of such holidays for a month shall be placed on the notice board/or in a conspicuous place in advance. In case of National Holidays or Holidays under Negotiable Instruments Act, a compensatory paid holiday will have to be given to that employee who works on that particular day.

·         All employees are to be provided with Appointments Letters and copy of the same will be furnished to the inspector of the area and acknowledgement shall be preserved in the Shop or Establishment for inspection at any time.

·         Visit book shall be maintained exhibiting a copy of the exemptions for verification by the inspector for compliance with conditions for exemption.

·         The employers shall co-operate in implementing the Duties of inspectors under Rule 41 of the West Bengal Shops and Establishments Rules 1964, with regard to the conditions laid down for exemption and also the provision of other relevant labour laws for the workers employed in their Shops and Establishments.

·         All the shopkeepers shall comply with all provisions laid down under Section 6 and Section 7(2), (3) and (4) of the West Bengal Shops and Establishments Act, 1963.

If violation of any statutory provision of the West Bengal Shops and Establishments Act, 1963 and any other relevant Labour Laws comes to the notice of the Government  the exemption for that particular shop or the establishment will be suspended/ cancelled, and an order will be specially issued to the Employer.

While this exemption is general in nature, every individual employer intending  to avail this exemption must apply to the Government seeking permission for grant of such exemption along with detail/s of documents like:

·         Up-to date registration certificate;

·         List of employees containing wages paid to the employees;

·         PF and ESI, if any;

·         Copies to be issued to its employees.

The State Government after considering the application on merit may accept or reject the application.

[Notification No. Labr./816/LC-IR]

URL: https://wblc.gov.in/sites/default/files/contentpdf/1542607663Notification.pdf


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