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Employer's
Obligations
under
‘Delhi Shops And Establishments Act, 1954’,
Income Tax Act, 1961 And Certain ‘Labour Laws’-
A Guidance Note
(A)
Important provisions of Delhi Shops and Establishments
Act, 1954
1.
Registration
All
shopkeepers and occupiers of establishments carrying
on any business or profession or rendering any service
including their administrative and clerical offices
were required to be registered under the Delhi Shops
and Establishments Act, 1954 (exemption being Factories,
Establishments of Doctors and Medical Practitioners,
Legal Practitioners and Educational Institutions providing
transport services to their students at concessional
rates). From January 1990, Delhi Administration has
decided to do away with the registration requirement
and till the Act is amended, the requirement of registration
has been kept in abeyance.
2.
Employment of adults, hours of work
No
adult shall be employed or allowed to work about the
business of an establishment for more than 9 hours on
any day or 48 hours in any week and the occupier shall
fix the daily periods of work accordingly. Provided
that no adult employee may be allowed or required to
work for more than the hours fixed in this section but
not exceeding 54 hours in any week subject to the condition
that the aggregate hours so worked shall not exceed
150 hours in a year.
3.
Intervals for rest and meals
The
period of work of an adult employee in an establishment
each day shall be so fixed that no period of continuous
service shall exceed 5 hours before the employee has
had an interval for rest and meals of at least half
an hour.
4.
Opening and closing hoursNo
shop or commercial establishment on any day, be opened
earlier than such hour or closed later than such hour,
as may be fixed by the Government by general or special
order made in that behalf
5.
Close day
Every
shop and commercial establishment shall remain closed
on a close day. In addition, it shall remain closed
on three National holidays each year which the Government
may (by notification in the Official Gazette) specify,
i.e. 26th January (Republic Day), 15th August (Independence
Day) and 2nd October (Gandhi Jayanthi).
6.
Period of rest (weekly holiday)
Every
employee shall be allowed at least twenty-four consecutive
hours of rest (weekly holiday) in every week, which
shall be on the close day.
7.
Time and conditions of payment of wages
Every
employer shall fix periods in respect of which wages
to the employee shall be payable and shall be responsible
for the payment to persons employed of all wages required
to be paid under this Act. No wage period, so fixed,
shall exceed one month.
The
wages of every employee shall be paid on a working day
before the expiry of the seventh day of the last day
of the wage period in respect of which the wages are
payable. All wages shall be paid in cash.
8.
Leave
Every
person employed in an establishment shall be entitled
to –
- After
every twelve months’ continuous employment, to
privilege leave for a total period of not less than
fifteen days.
- In
every year, to sickness or casual leave for a total
period of not less than twelve days;
Provided
that (i) an employee who has completed a period of four
months in continuous employment, shall be entitled to
not less than five days privilege leave for every such
period; and (ii) an employee who has completed a period
of one month in continuous employment shall be entitled
to not less than one day’s casual leave for every
month.
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