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A Importantprovisions

Registration
Employment of adults,
hours of work

Intervals for rest and meals
Opening and closing hours
Close day
Period of rest (weekly holiday)
Time and conditions of payment of wages
Leave
Records
Employer to furnish
letters of appointment to employees

Inspection of Records and calling for information
B Income Tax Act
C Employer’s obligations under Labour laws

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


9. Records
The occupier of every shop or commercial establishment shall, in the prescribed form and in the prescribed manner –

  1. keep exhibited in the shop or establishment a notice setting forth the close day,

  2. keep a record of the hours worked and the amount of leave taken by, and of the intervals allowed for rest and meals to every person employed about the business of the shop or establishment and particulars of all employment overtime shall be separately entered in the record

  3. keep exhibited in the shop or establishment notices setting forth the number of hours in the week during which persons may in accordance with the provisions of this Act, be employed

  4. maintain such other records and registers and display such other notices as may be prescribed.

10. Employer to furnish letters of appointment to employees
The employer shall furnish every employee with a letter of appointment. Such letters of appointment shall contain the following and such other particulars as may be prescribed namely.
  • The name of employer;
  • The name, if any, and the postal address of the establishment;
  • The name, father’s name and the age of the employee;
  • The hours of work; and
  • Date of appointment.

A letter of appointment shall contain the following further particulars

  1. the rate of wages or salary,
  2. designation or nature of work for which employed (whether employed for clerical, supervisory, managerial, manual work etc.) and
  3. other concessions or benefits, if any, that may be special to his appointment.

11. Inspection of Records and calling for information
It shall be the duty of every occupier of a shop or establishment to produce for inspection of an Inspector, all accounts or records required to be kept for the purpose of this Act and to give any other information in connection therewith as may be required.

Note: Delhi shops and Establishment Act will apply in case of persons working in Delhi. In respect of employees working in other cities, the relevant Act will apply, but the regulations will be more or less the same.

B. Income Tax Act
Every employer is responsible for deduction of tax at source on salary income of its employees. Tax Account Number (TAN) has to be obtained by every person responsible for deduction of tax at source. It has to be applied in Form No.49(B), in duplicate within one month from the end of the month in which the tax was deducted. The application is to be addressed to the Income Tax Officer, TDS Circle and deposited at Mayur Bhawan, Connaught Circus, New Delhi. TAN is required to be quoted in all challans, certificates and returns etc.

C. Employer’s obligations under Labour laws
Some of the important obligations which an employer is required to fulfil are as under:

S.No.

Obligations

Applicable Act

Nature of Establishment

1

Gratuity

Payment of Gratuity Act, 1972

Employing 10 or more persons

2

Bonus

Payment of Bonus Act, 1965

Employing 20 or more persons

3

Provident Fund

Employees' Provident Fund Act.and Misc. Provisions Act, 1952

Employing 20 or more persons

4

E.S.I.

Employees' State Insurance Act, 1948

Employing 20 or more persons

5

Retrenchment Compensation

Industrial Disputes Act, 1947

Employing 1 or more persons

6

Accident Compensation

Workmen's Compensation Act, 1923

Employing 1 or more persons

7

Wages

Payment of Wages Act, 1936

Employing 1 or more persons

8

Minimum Wages

Minimum Wages Act, 1948

Employing 1 or more persons in ‘Scheduled Employments'

9

Canteen

Factories Act, 1948

Employing 250 or more persons

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