The New Act of 2019 is effective from 1st May 2019 .The provisions of the 2019 Act include: Legal Provision Call out Synopsis
Highlights on New Gujarat Shop & Establishment Act 2019
1.
1.Registration
-
a) Within 60 days from the date of commencement
of Business; the employer of every establishment engaging ten or more workers
shall submit in prescribed Form with supporting documents for registration of
the establishment as per section 6 of the Act along with the required documents
as specified in Part A of the Schedule.
b) The employer of every establishment engaging
less than ten workers shall submit an intimation of commencement of the
business along with the required documents.
c) A registration certificate issued under sub-section (2) shall remain in
force from the date of issue till the change in ownership or nature of business
takes place. In case of change in ownership or nature of business, the employer of every establishment
shall have to obtain the fresh registration certificate.
d) The employer shall inform, in such form and in such manner, as may be
prescribed, to the Inspector within thirty days from the date of closing of the
business that the shop or establishment has been closed for business.
2.
Leave –
a) Every
worker shall be allowed a weekly holiday with wages & every worker shall be
entitled to Seven days casual leave with
wages in every calendar year which shall be credited into the account of
the worker at the beginning of the calendar year, but shall laps if un-availed
at the end of the year.
b) Every worker shall be entitled to seven days leave on medical grounds
with wages in every calendar year which shall be credited into the account of
the worker in the beginning of the calendar year, but shall lapse if un-availed
at the end of the year.
c) Every
worker who has worked for a period of two hundred and forty days or more in an
establishment during a calendar year shall be allowed during the subsequent
calendar year, leave with wages for a number of days calculated at the rate of
one day for every twenty days of work performed by him during the previous
calendar year.
d) Every
worker shall be permitted to accumulate earned leave up to a maximum of Sixty Three days.
e) Where
the employer refuses to sanction the leave under sub-section (3) which
is due when applied fifteen days in advance, then the worker shall have a right
to en cash leave in excess of Sixty
Three days: Provided that, if a worker is entitled to leave other than
causal and festival leave under this section, is discharged by his employer
before he has been allowed the leave, or if, having applied for and having been
refused the leave, he quits his employment on account of retirement,
resignation, death or permanent disability, the employer shall pay him full
wages for the period of leave due to him.
a) A
worker shall be entitled to eight paid festival holidays in a calendar year,
namely, 26th January, 15th August and 2nd October and Five such other festival holidays as may be agreed to between the
employer and the workers as per the nature of business, before the commencement
of the year. For holiday on these days, he shall be paid wages at a rate
equivalent to the daily average of his wages (excluding overtime), which he
earns during the month in which such compulsory holidays falls: Provided that,
the employer may require any worker to work in the establishment on all or any
of these days, subject to the conditions that for such work the worker shall be
paid double the amount of the daily average wages and also leave on any other
day in lieu of the compulsory holiday.
3. Working
Hours –
a) No adult worker shall be required
or allowed to work in any establishment for more than nine hours in any day and
forty-eight hours in any week. No adult worker shall be asked to work
continuously for more than five hours unless he has been given a break of not
less than half an hour.
b) No woman worker shall be required
or allowed to work in any establishment except between the hours of 6 a.m. and
9-00 p.m. Provided that, the woman worker shall be allowed to work during 9-00
p.m. and 6-00 a.m. in any establishment in which adequate protection of their
dignity, honour and safety, protection from sexual harassment and their
transportation from the establishment to the doorstep of their residence as may
be prescribed are provided by the employer or his authorized representative or
manager or supervisor.
c) An establishment may be kept open
for business on all days in a week subject to the condition that every worker
shall be allowed weekly holiday of at least twenty-four consecutive hours of
rest. & If a worker is denied weekly holiday, the compensatory leave in
lieu thereof shall be given within two months of such weekly holiday.
4. Crèches
–
a) In every establishment wherein Thirty or more workers are employed,
there shall be provided and maintained a suitable room or rooms as crèche for
the use of children of such workers : Provided that, if a group of
establishments, so decide to provide a common crèche within a radius of one kilometre, then, the same shall be permitted
by the Inspector, subject to such conditions as may be specified in the order.
5. Overtime
–
a) Where a worker in any establishment
is required to work beyond nine hours a day or forty-eight hours a week, he
shall be entitled, in respect of the overtime work, wages at the rate of twice
his ordinary rate of wages. The total number of overtime hours shall not exceed
one hundred and twenty five hours in
a period of three months.
6. Annual Return.-
The employer of a shop or establishment shall furnish an annual returns,
in such a form and in such manner (including in electronic form), to such authority as may be prescribed.
7. Penalties:-
a) Whoever, found running any establishment
without registration in contravention of the provisions of section 6 or rules
made thereunder, shall be punishable with penalty of ten thousand rupees which
shall include registration fees.
b) Whoever contravenes the provisions of
this Act or the rules made thereunder shall, if no other penalty is elsewhere
provided by or under this Act for such contravention, be punishable with fine
which may extend to fifty thousand rupees: Provided that, the total amount of
fine shall not exceed two thousand rupees per worker employed.
New Act :- Gujarat New Shop 2019
Implementation Notification Gujarat New Shop Amendment date
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