Employment Law

1. Working Hours & Leave: Daily working hours; Provisions
relating to over-time and extra-wages for over-time;
Closure of shops; Leave and holidays; Types and length
of holidays and leaves; Procedure of filing application of
and grant of leaves; Enjoyment of leaves; Annual leave
with wages.

2.  Daily Hours:
a) No adult worker shall work in an establishment for more
than eight hours in any day. (sec:100)
b) But maximum working hours would be 10 hours in any day.
(sec:108)
 Weekly Hours:
a) No adult worker shall work in an establishment for more than
forty-eight hours in any week. (sec:102)
b) Any adult worker may work maximum 60 hours in any week.
(sec:108)
c) But on the average, fifty-six hours per week in any year.
(sec:108)
d) For road worker, the total hours of overtime work in any year
shall not exceed one hundred and fifty hours. (sec:108)

3.  Overtime (OT): (Sec: 108)
a) Where a worker works in an establishment on any day
or week for more than the hours fixed under this Act, it
shall be considered for his/her as overtime work.
b) The rate of overtime work would be the twice of the
basic wage and dearness allowance and ad-hoc or
interim pay, if any.
 Spread over: (Sec: 105)
The periods of work of an adult worker in an
establishment shall be so arranged that, inclusive of his
interval for rest or meal under section 101, it shall not
spread over more than eleven hours.

4.  Restriction on cumulative hours of work on a
vehicle: (Sec: 107)
No worker shall work or be allowed to work on a
vehicle or two or more vehicles in excess of the period
during which he may be lawfully employed under this
Act.
 Limitation of hours of work for women: (Sec: 109)
No women shall, without her consent, be allowed to
work in an establishment between the hours of 10.00
PM and 6.00 AM.

5.  Restriction on double employment : (Sec: 110)
No adult worker shall be employed or allowed to be
employed for work in more than one establishment on
any day, except on permission in writing from the Chief
Inspector on such terms and conditions as he may
impose.
 Notice of periods of work for adults: (Sec: 111)
There shall be displayed and correctly maintained in
every establishment in accordance with the provisions
of section 337, a notice of periods of work for adult
workers showing clearly the periods which adult
workers may be required to work.

6.  Special age limit for Road transport Service worker :
(Sec: 112)
a) No person shall be employed as driver, in an
establishment which is a road transport service
unless he has attained the age of twenty one (21)
years.
b) No person shall be employed in an establishment
which is a road transport service in any other post
unless he has attained the age of eighteen (18)
years.

7.  Every establishment which is shop or commercial or
industrial establishment shall remain entirely closed
for at least one and a half day in each week.
 The one and half day on which establishments shall
remain entirely closed, shall be fixed for each area by
the Chief Inspector (CI).
 No shop shall on any day remain open after the
hours of 8.00 O’clock pm.

8.  The provisions of this section shall not apply to-
(a) Docks, stations, airport terminal, transport services;
(b) Shops of vegetable, meat, fish, dairy products, bread;
(c) Shops of sweetmeats and flowers;
(d) Shops of medicines, bandage or other medical requisites;
(e) Shops dealing with funerals, burials or cremation;
(f) Shops of tobacco, cigarettes, liquid refreshments;
(g) Shops of newspapers, magazines, cards, ice etc;
(h) Gas & petrol pumps, automobile service stations;
(i) Shops of barbers’, hair dressers’ or parlor;
(j) any system of public sanitation;
(k) any business which supplies power, light or water to public;
(l) clubs, hotels, motels, restaurants, café, cinemas or theatres.

9.  Daily Interval, (Sec: 101)
(a) for more than five hours but less than six hours of
service in any day, he will be allowed an interval of at
least half an hour during that day for rest or meal;
(b) for more than six hours but less than eight hours of
service in any day, he will be allowed an interval of at
least one hour during that day for rest or meal; or
(c) for more than eight hours of service, he will be
allowed an interval of one hour or half & half twice
interval.
 Weekly Holiday, (Sec: 103)
(a) Any shop worker shall be allowed in each week one
and half days.
(b) Other workers shall be allowed in each week one
day only.

10.  Casual Leave, (Sec:115)
(a) Every worker shall be entitled to casual leave the full wages for ten days in
a calendar year, and such leave shall not be accumulated and carried forward
to the succeeding year.
(b) Noting in this section shall apply to a worker employed in a tea plantation.
 Sick Leave, (Sec:116)
(a) Every worker other than a newspaper worker, shall be entitled to sick leave
with full wages for fourteen days in a calendar year.
(b) Every newspaper worker shall be entitled to sick leave with half wages for
not less than one-eighteenth of the period of services.
(c) No such leave shall be allowed unless a certificate will be provided by a
RMP that the worker is ill and requires sick leave for cure or treatment for such
period as may be specified by him.
(d) Such leave shall not be accumulated and carried forward to the succeeding
year.

11.  Annual/Earned Leave, (Sec: 117)
(1) Every adult worker, who has completed 1 year of
service, shall be allowed:
(a) Shop worker= 1 day for every 18 days of work
(b) Tea Plantation= 1 day for every 22 days of work
(c) News paper worker= 1 day for every 11 days of work
(2) Every non-adult worker, who has completed 1 year of
service, shall be allowed:
(a) Shop worker = 1 day for every 14 days of work
(b) Tea Plantation= 1 day for every 18 days of work
(c) Factory worker= 1 day for every 15 days of work

12. (3) If any worker doesn’t take his/her entitled leave, either in whole or in
part, shall be added to the leave of next year.
(4) For adult workers, maximum annual leave would be:
(a) forty days for factory or road workers;
(b) sixty days for tea plantation or shop workers.
(5) For non-adult workers, maximum annual leave would be:
(a) sixty days in the case of a factory or tea plantation workers,
(b) eighty days in the case of shop workers.
 Festival Holiday, (Sec:118)
(1) Every worker shall be allowed eleven days of paid festival holiday in
a calendar year.
(2) For working on festival holidays, every worker will be entitled:
(a) Two days compensatory holidays &
(b) Another substitute holiday.

13. Working Hours
 Daily Hours: (sec:100)
 Weekly Hours: (sec:102)
 Overtime: (Sec: 108)
 Spread over: (Sec: 105)
 Restriction on cumulative hours of work on a vehicle: (Sec: 107)
 Limitation of hours of work for women: (Sec: 109)
 Restriction on double employment : (Sec: 110)
 Notice of periods of work for adults: (Sec: 111)
 Special age limit for Road transport Service worker : (Sec: 112)
 Closure of Shops (Sec: 114)

14. Leave/Holiday
 Daily Interval: Min: half hour, Max: one hour. (Sec: 101)
 Weekly Holiday, (Sec: 103)
 Casual Leave, (Sec:115)
 Sick Leave, (Sec:116)
 Annual Leave, (Sec: 117)
 Festival Holiday, (Sec:118)