1. Shops &
Establishment Act,
1963 ( WB)
Brief outline.

2. What is an “Establishment”?
 it means any industrial / commercial undertakings
 bank
 insurance company
 joint stock company
 clerical dept of any factory
 advertising, forwarding agency
 IT/ soft ware industry ( exemption of the govt for the working women
at night shift with certain conditions )
 technical consultants / professional consultant
 registered society
 hospitals
 charitable trust etc
 undertaking of the state govt by notification
 Has to apply for registration in F--B , as per WB Rules/renewal in F-D

3. Which are not ‘ Establishment” ?
 central govt/ state govt offices
 RBI
 Any railway admin / services
 Postal telegraph/ air ways/ water transport
 Public conservancy/ sanitation
 Industry/ business power, light , water to the public
 Spastic society etc
 Exemption power of the Govt. is vested in the
statute.

4. Holidays.
 every persons employed in the establishment
should have
 one and half days as holidays in a week .
 no deduction of wages from holiday even
he/is employed on ‘no work no pay’ basis.
 Notice must be given to the authority on
which day the establishment wants to
declare as weekly holiday.

5. Hours of work
 Not more than 8.5 hrs / day or more than 48 hrs /
week
 Working beyond 48 hrs will attract as OT
 Total hrs of OT should not exceed 10 hrs /
day( including normal working hrs)
 Max 120 hrs of OT/ year
 OT amount to be paid at the double the rate of wages
 Manner of computation has been prescribed in the
WB Rules
 Interval of rest at least for 1 hr after five & half hrs
working at a stretch

6. Leave.
 PL---for every ‘completed yrs of service’ PL with full
pay for 14 days/ yr, subject to max 28 days
accumulation.
 sick leave ---with half pay for 14 days max subject to
56 days accumulation.
 CL max 10 days with full pay but no accumulation.
 Maternity leave , 6 weeks before delivery & 6 weeks
after delivery. Employer will have to pay salary/
money to her during these 12 weeks (leave with pay )
 No maternity leave benefit, if she does not work min
80 days in the 12 months immediately preceding the
date of her expected delivery for those not covered
under ESI . Maternity benefit act,1961 to apply in WB
 ML has to apply if F/K as per rules

7. Salary/ Wages
 Payment of Wages . It is covered under payment of wages
act,1936. Limit for WB now 10k / month & for other states 18k/
month.
 Rate of wages to different categories of employees ---- as per
Minimum wages Act,’48 as notified from time to time by the
Govt./ or as per agreement with the unions or as per practice.
 Disbursement of salary, by 10th of the succeeding month, has
to be made but keeping in mind provisions of payment of
wages statute.
 Application for recovery of Wages (if not paid or money
deducted wrongfully) has to be claimed in F/ N, as per WB rules

8. Termination of services
 No one can be terminated, who has
completed one yr service without giving
 1 month notice or 1 month salary in lieu of
notice
 has to be a speaking order ( in writing only)
 Reasons of termination has to be spelt out
 Right of the employees to go appeal against
the decision of termination of service.

9. Penalty for violation of the
statute
 for 1st offence, under any provisions of the
Act, Rs 500 fine , after conviction
 for repeat offence , 3 months imprisonment
or fine of Rs 1000/ - or both.
 Inspectors are deemed to be as public
servant / sec 21 of IPC of 1860 .
 25 prescribed forms as per rules to follow &
maintain. Some registers are to be
maintained as per rules.

10. Thank You.
Prabir Kumar Dasgupta.
+91 9830136696