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.
