The Himachal Pradesh Shops and Commercial Establishments Act, 1969, provides specific provisions regarding leave, working hours and holidays for employees. It applies to all shops and commercial establishments with some exceptions in the state of Himachal Pradesh located within jurisdiction of MC area. Here’s a summary of these provisions:
1. Leave:
– Employees who have worked for at least 20 days in a year are entitled to one day of earned leave for every 20 days of employment. Young persons (those aged between 14 and 18) are entitled to one day for every 15 days of employment.
– Unutilized leave can be carried forward, with the total not exceeding 40 days for young persons and 30 days for other employees.
– Leave applications should not be refused without a valid reason, communicated in writing within 15 days of the application.
– Employees are entitled to seven days of casual leave and seven days of sick leave annually.
– Wages in lieu of unavailed leave are to be provided upon dismissal, discharge, or resignation.
2. Holidays:
– Employees get holidays with wages on Independence Day, Republic Day, and Mahatma Gandhi’s birthday.
– Three additional holidays with wages are granted for festivals, as declared by the government.
– Double wages are due for work on these holidays.
3. Close-day and Off Days:
– Establishments must remain closed on a prescribed close-day: Sunday for general areas and Monday for cantonment areas.
– Employers must inform the authority about the close-day and any changes to it.
– Employees should not work on the close-day unless it coincides with a festival, in which case they receive double wages.
– Employees are entitled to one additional off day each week, ensuring a minimum of one rest day per week.
4. Working Hours and Rest Intervals:
– The Act restricts the working hours to 48 hours per week and 9 hours per day.
– Employees are entitled to an interval for rest or meals of at least half an hour after five hours of work, ensuring that the total spread-over does not exceed 10 hours in a day.
– The specifics of working hours, rest intervals, and off days are to be conspicuously displayed in the workplace and duly informed to the relevant authority.
These provisions aim to safeguard the well-being and work-life balance of employees in Himachal Pradesh, ensuring they have adequate rest, holidays, and leave benefits.
CA GAURAV THAKUR
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