Wednesday, September 2, 2009

THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960

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I REGISTRATION OF THE EASTABLISHMENT : The employer of every shops and commercial establishments shall apply for registration in Form B-I with prescribed fee to the competent authority (Assistant Labour officer-Grade III) within sixty days from thedate on which the establishment commences its work.

II FEES : Fee prescribed for the registration of establishments relating to the number of employees employed for a calendar year

No. of Employees Fee prescribed (S.R.O 971/98 dated

Nil Rs. 10.00

Does not exceed 5 Rs. 50.00

Exceed 5 but does not exceed 10 Rs. 100.00

not exceeds 20 Rs. 200.00

Exceeds 20 but does Rs.300.00

not exceeds30

Exceeds 30 but does R.s. 500.00

not exceed 50

Exceeds 50 and but does not exceed 100 Rs. 1,000.00

101 and above Rs. 2000.00

V. RENEWAL OF REGISTRATION: Every employer shall renew the registration every year at

least 30 days before the expiry of the registration for the previous year. The application for

renewal with the registration certificate and prescribed fee shall be submitted to the competent

authority within the period. The fee for registration and renewal shall be remitted in the office of

the Asst. Labour officer concerned or treasury remittance

VI AMENDMENT OF REGISTRATION: Any employer who desires to have his registration

certificate amended shall give a notice in Form-B--III to the competent authority with copy to the

inspector having jurisdiction over the area in which the establishment is situated along with pre

scribed fee for amendment of registration certificate.

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.

XIII DISMISSAL : No employee shall be dismissed except on a reasonable cause and subject to

Section-18 of the Act. The aggrieved employee may file appeal within sixty days to the date of

delivery of the order terminating his services with the employer, to the appelllate authority

(Deputy labour Commissioner concerned)

84

XIV REGISTERS AND RECORDS TO BE MAINTAINED BY THE EMPLOYER :

1. Register of employment in Form A or B

2. Service record in Form-BB

3. A register of holidays and leave in Form-F

4. A visit book

5. Display a notice of hours of work in Form-D

6. A notice of weekly closure

7. A notice containg the extract of the Act and Rules

Every employer of an establishment where ten or more employees are employed shall forward

to the inspector (ALO Grade_II) a quarterly return in Form-H for the months of March, June,

September and December before the tenth of the succeed month respectively.

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