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Labour Commissionerate

Government of West Bengal

Shops & Establishments (Kolkata) Online Registration, Renewal, Changes etc.

Frequently Asked Questions :

1. Whether Provident Fund Act 1952 is applicable to Shops and Establishments

Yes, the act is applicable to any establishment employing 20 or more employees.

2. Whether West Bengal Gratuity Act 1972 is applicable to Shops & Establishment

Yes ,the act is applicable to shops and establishments employing 10 or more employee.

3. Whether The Payment of Bonus Act 1965 is applicable to Shops & Establishments

The Act is applicable to every establishment in which 20 or more persons are employed on any day during an accounting year.

4. Whether the State Bank of India and Other Nationalised Banks are covered under W.B.S & E Act 1963

No ,they are not covered under the W.B.S & E Act 1963

5. Whether the excise shops are covered under W.B.S & E Act 1963

Yes ,the Excise shops are covered under W.B.S & E Act 1963 but are exempted from the provisions of Sec 5(1)(a) and Sec 6(1)

6. Whether Workmen's compensation Act is applicable to persons employed in Shops and Establishments

No, it is not applicable

7. How many hours an employee can work in a shop or an establishment

Not more than 8 and � Hrs in a day or altogether 48 hrs in a week .After the closing of the shop or establishment also he or she cannot work

8. How many Hours Overtime is permissible in any shop or establishment

10 Hours including normal hrs of work in a day or 120 hours total overtime can be done in a year.

9. How many hours an employee can be subjected to do work continuously in any shop or establishment

Not more than 6 hours of work of continuous work after which at least one hour of rest is to be given

10. How many leave is to be given as per law to any employee in shop or establishment

14 days Privilege leave with full pay, 14 days sick leave with half pay, 10 days Casual leave with full pay and Maternity leave as per rules.

11. How many Privilege leave can be accumulated

28 days Privilege leave can be accumulated

12. How many Sick leave can be accumulated

Sick leave can be accumulated up to 56 days

13. How many Casual leave can be accumulated

Casual leave cannot be accumulated.

14. What wages is to be given for overtime work

Twice the ordinary rate of wages but if under any agreement ,award, custom or convention any higher rate of overtime wages is been given than that is to be continued

15. Within how many days any shop or establishment after its opening has to be registered

Within 30 days of Commencement of business

16. Within how many days Changes in respect of any particular contained in Registration Certificate is to be notified

Within seven days

17. How many times the weekly closing days of any shop or establishment can be changed

Not more than once in a year

18. Within how many days the winding up of business is to be notified to the Registering Authority

Within 15 days of winding up of business

19. When Registration Certificate is to be renewed

Once in every Three years

20. What are the registers which are to be maintained by a Shopkeeper or an employer

  1. Register of Hours of work and rest interval in Form I
  2. Register of leave in Form J
  3. Register of Pay in Form M
  4. Register of Overtime in Form U
  5. Register of Employees in Form W

21. Whether a Registration Certificate can be transferred if there is a change in ownership

No it cannot be done . Within 15 days of such transfer the Registration Certificate has to be surrendered specifying the change of ownership and apply for a new Registration Certificate.