Chhattisgarh Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 — Chhattisgarh Act No. 21 of 2018

What it says

Applies to shops and establishments employing ten or more workers, and repeals the 1958 Act. Nine hours a day and forty-eight a week with a half-hour break after every five; a shift of at most ten and a half hours including rest and a spread-over of twelve; overtime at twice the ordinary rate, capped at 125 hours in three months. A weekly holiday of at least twenty-four consecutive hours, compensatory leave within two months if denied, and twice the rate for working a rest day. Eight days' casual leave credited quarterly, earned leave after 240 days at one day per twenty worked, accumulation t

What was taken from it

The figures and statements this desk reads off this document, as extracted. Each one is shown on the topic page it belongs to: Leave encashment · Chhattisgarh, Establishment calendar · Chhattisgarh, Holiday list · Chhattisgarh, Working hours · Chhattisgarh, Leaves — CL / SL / EL / ML · Chhattisgarh, Shops and Establishment Act · Chhattisgarh, Overtime · Chhattisgarh, State-wise returns · Chhattisgarh, Timing of establishment · Chhattisgarh, Women workers · Chhattisgarh.

Encashment.Leaving

A worker entitled to leave who is discharged before being allowed it, or who quits after applying for and being refused it, on retirement, resignation, death or permanent disability, is paid full wages for the period of leave due

Encashment.Refusal

Where the employer refuses to sanction leave due that was applied for fifteen days in advance, the worker has a right to encash the leave in excess of forty-five days

Rest.Compensatory

If a worker is denied the weekly holiday, compensatory leave in lieu must be given within two months of that weekly holiday

Rest.Notice

The period and hours of work in a week for all classes of workers in a shift must be informed to all workers in writing and sent to the Facilitator electronically or otherwise

Rest.Weekly

A shop or establishment may work on all days in a week provided every worker is allowed a weekly holiday of at least twenty-four consecutive hours of rest

Shifts

A department or any section of a department may work in more than one shift, and a worker may be required to work in any shift at the employer's discretion

Holidays.Festival

Eight paid festival holidays in a calendar year: Independence Day, Republic Day and Gandhi Jayanti, and five others agreed between the employer and the workers before the year begins

Holidays.Weekly

Every worker is allowed a weekly holiday with wages; the State Government may by notification fix different days as the weekly holiday for different classes of shops and establishments in an area

Hours.Daily

Nine hours a day, with a break of at least half an hour after every five hours

Hours.Partial

The daily and weekly limits apply only to the extent and on the conditions prescribed for workers on urgent or unforeseeable emergency work; preparatory or complementary work that must be done outside normal hours; work that must be completed before the day is over for technical reasons; work dependent on the irregular action of natural forces; and highly skilled workers, such as those in information technology, bio-technology and research and development divisions

Hours.Relaxation

The working hours or the weekly rest may be relaxed for work of an urgent nature with the previous permission of the Facilitator

Hours.Shift

A shift including its rest interval may not exceed ten and a half hours

Hours.Spreadover

Twelve hours, where a worker is entrusted with work of an intermittent nature or urgent work

Hours.Weekly

Forty-eight hours a week

Leave.Carry

Earned leave may be accumulated up to a maximum of forty-five days

Leave.Casual

Eight days with wages in every calendar year, credited to the worker's account quarterly

Leave.Earned

A worker who has worked 240 days or more in a calendar year is allowed leave with wages in the subsequent calendar year at one day for every twenty days worked in the previous year

Leave.Exclusive

Leave under section 11(3) is exclusive of all holidays, whether occurring during the leave or at either end of it

Leave.Qualifying

Days of lay-off by agreement, contract or certified standing order; maternity leave under the Maternity Benefit Act, 1961; leave earned in the previous year; and absence due to temporary disablement from an employment injury count towards the 240 days but earn no leave

Application

The Act applies to shops and establishments employing ten or more workers. Below ten workers it does not apply at all

Commencement

The Act comes into force on such date as the State Government may, by notification in the Official Gazette, appoint

Exclusions

The Act does not apply to a worker in a confidential, managerial or supervisory position; a worker whose work is inherently intermittent; any office of the Government or a local authority; any office of the Reserve Bank of India; an establishment for the care and treatment of the sick, infirm, destitute or mentally unfit; or a member of the employer's family. The list of workers left out on the first ground must be displayed on the establishment's website, or at a conspicuous place if it has non

Registration.By

Within six months of the commencement of the Act, or of the date the shop or establishment comes into existence, and a Labour Identification Number is issued on registration

Registration.Deemed

A shop or establishment registered under the Employees' State Insurance Act, 1948 or the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, or any rules, regulations or schemes under them, is deemed registered under this Act — but must still obtain a Labour Identification Number within six months of the commencement of this Act

Repeal

The Chhattisgarh Shops and Establishments Act, 1958 (No. 25 of 1958) is repealed, with anything done or any action taken under it saved and deemed done or taken under this Act so far as it is not inconsistent with it

Overtime.Cap

Overtime may not exceed one hundred and twenty-five hours in a period of three months

Overtime.Rate

Twice the ordinary rate of wages, or such higher amount as may be prescribed

Overtime.Restday

Work on a day of rest is paid at twice the ordinary rate of wages

Overtime.Trigger

Any working hour beyond nine hours a day or forty-eight hours a week is overtime

Annual Return

Every employer of a shop or establishment must furnish an annual return, in such form and manner (including electronic form) and to such authority as may be prescribed

Canteen

The State Government shall require an employer of a shop or establishment where not less than one hundred workers are employed or ordinarily employed to provide and maintain a canteen; a group of establishments may run a common canteen if the Chief Facilitator permits it by order

Registers

Every employer must maintain such registers and records as may be prescribed. They may be kept electronically or manually, but a hard copy duly signed by the employer must be submitted at an inspection if the Facilitator demands it

Timing.Hours

The Act fixes no opening or closing hours. The only clock times it sets are the hours between which a woman may be required or allowed to work

Women.Creche

Every shop or establishment with thirty or more woman workers employed, or fifty or more workers ordinarily employed, must provide and maintain a suitable room or rooms as a crèche for the children of those woman workers. A group of establishments may provide a common crèche within a radius of one kilometre if the Chief Facilitator permits it by order

Women.Discrimination

No woman worker shall be discriminated against in matters concerning recruitment, training, transfers, promotions or wages

Women.Night

No woman shall be required or allowed to work in a shop or establishment except between 6 a.m. and 9 p.m.

Women.Night.Relaxation

A woman may be allowed to work between 9 p.m. and 6 a.m. only where the State Government, or a person it authorises, is satisfied that the establishment provides shelter, a rest room, a night crèche, a ladies' toilet, adequate protection of dignity, honour and safety, protection from sexual harassment and transport from the establishment to the door step of her residence — and then only by notification, after obtaining the woman worker's consent, and subject to the conditions the notification sp

Where this is cited

• Leave encashment · Chhattisgarh
• Establishment calendar · Chhattisgarh
• Holiday list · Chhattisgarh
• Working hours · Chhattisgarh
• Leaves — CL / SL / EL / ML · Chhattisgarh
• Shops and Establishment Act · Chhattisgarh
• Overtime · Chhattisgarh
• State-wise returns · Chhattisgarh
• Timing of establishment · Chhattisgarh
• Women workers · Chhattisgarh