Background
The Punjab Shops and Commercial Establishments Act, 1958, as extended to Haryana, regulates working conditions, employment rights, hours of work, holidays, leave entitlements, and obligations of employers and employees in shops and commercial establishments. It ensures proper registration, employee welfare, and workplace safety while protecting vulnerable groups such as women and children.
Applicability
This Act applies to all shops and commercial establishments in Haryana, except government offices (other than commercial undertakings), RBI, railways, local authorities, public utilities, legal offices, persons regulated under the Factories Act, stamp vendors, petition writers, and inherently intermittent workers.
Compliance requirement under the Act in accordance with the Rules
The employer of the establishment is required to apply for Registration of the Establishment within 30 days from commencement of work. Exemptions apply to certain government offices, RBI, railways, utilities, lawyers, those covered under Factories Act, stamp vendors, petition writers, and intermittent workers.
No child who has not completed the age of fourteen years shall be employed in any establishment.
No woman shall be required to work at night in any establishment, except for establishments engaged in treatment of sick, infirm, destitute, or mentally unfit. Further, no woman shall be employed during six weeks following the day of her confinement or miscarriage.
No person shall be employed for more than 48 hours a week and 9 hours in a day. In exceptional cases, overtime shall not exceed 50 hours per quarter, with wages at twice the normal rate.
Every establishment shall remain closed on every Sunday. Establishments attached to factories may substitute the close day. Exceptions include cinema houses, hide/skin dealers, ice factories, cycle/motor repair shops, tent suppliers, and certain retail sellers.
Any changes in the certificate of registration must be submitted in Form G to the Inspector within seven days of such change.
Employers must notify closure of an establishment in writing to the Inspector within ten days of closure.
Employers need not send intimation where no employee is working in the establishment.
Where no employees were engaged earlier, if an employer hires, they must submit Form A to the Inspector within one week of hiring.
Employers may change working hours/intervals once per quarter by notifying the Inspector in prescribed form at least 15 days before such change.
No employee shall work on a close day in establishments required to observe it, and in others, one weekly off must be provided. Employees cannot work before opening hours or after closing hours.
Employees are entitled to paid holidays on Independence Day, Republic Day, Gandhi Jayanti, and three other festival holidays as declared by the Government.
Employees working for at least 15 days are entitled to wages for weekly offs, not less than their average daily wages earned in the preceding week.
Employees working at least 20 days in a year are entitled to one day’s earned leave for every 20 days. Young persons earn one day for every 15 days worked. Unused leave can be carried forward (max 40 days for young persons, 30 days for others).
If an employee is discharged or dismissed during the year, they are entitled to leave with wages or wage in lieu of un-availed leave at the prescribed rate.
Employees are entitled to seven days’ casual leave and seven days’ sick leave with wages in a year.
Wages must be paid without unauthorized deductions, except as permitted under the Payment of Wages Act, 1936.
Employers must display Form B in the establishment, showing close day, working hours, intervals, and other prescribed particulars.
Employers must maintain prescribed records of working hours, intervals, leave, and overtime details for each employee.
Every employer must maintain a Register of employees in Form C.
Employers must maintain a Register of wages in Form D.
Employers must maintain a Register of deductions in Form E.
Employees cannot be removed without one month’s notice or pay in lieu, except in cases of misconduct or if employed for less than three months.
Maternity benefit shall be paid at the average daily wages earned during the three months preceding six weeks before delivery.
Every establishment must provide adequate fire escape and firefighting arrangements.
Every establishment must maintain a first-aid box with prescribed contents.
Employees engaged in serving food, drink, or beverages must undergo annual medical examination and obtain a fitness certificate in Form I.
Penalties & Punishment
Where employee has been removed without reasonable cause and Judicial Magistrate is satisfied that’s the case, then he may award compensation to the employee equivalent to two month’s salary. The amount payable as compensation under this section shall be in addition to, and recoverable and fine payable under section 26 (General Penalty) i.e. fine , not exceeding one hundred rupees for the first offence, and three hundred rupees for every subsequent offense. Provided that the fine in respect of every subsequent offence within the same year shall not be less than one hundred rupees in any case.
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