Chapter III DUTIES OF EMPLOYER

DUTIES OF EMPLOYER.-

1. (1) Responsibility for payments of wages - Every employer shall be responsible for the payment all wages required to be paid under this Act, to his employees.
2. (2) Fixation of wage period - Every employer shall fix period in respect of which such wages shall be payable, however wage period shall not exceed one month.
3. (3) Time of payment of wages-Wages of every employee shall be paid before the expiry of the seventh day after the last day of the wage period as respect of which the wages are payable: Provided that if any employee be absent on the last day permissible under this sub-section the wages shall be paid before the expiry of three working days from the day on which he attends for work again or demands payment. Provided that where the employment of an employee is terminated by or under the order of the employer, the wages earned by such employee shall be paid before the expiry of the second working day from the day on which his employment is terminated.
4. (4) Wages and other Dues to be paid in Bank/Post Office Account of the Employee - All wages and other dues shall be paid in the bank/post office Account of the Employee who is employed for fifteen or more days in a shop or an establishment. If the employee does not have any bank/post office Account, the Employer shall facilitate the Employee to open such account within thirty days of recruitment.
5. (5) Every employee to be furnished with service card- Every employee in a shop and establishment shall be furnished by his employer with a service- card in such form as may be prescribed within ten days of employment.
6. (6) No woman worker shall be discriminated against in matters of recruitment, training, transfers or promotions or wages.
7. (7) No woman shall be required or allowed to work in a shop or an establishment except between the hours of 6 a.m. and 9 p.m.: Provided that where the Labour Resource Department or any officer, authorised by it in this behalf, is satisfied that the provision of shelter, rest room, night creche, ladies toilet, adequate protection of their dignity, honour and safety, protection from sexual harassment, and their transportation from the shop or establishment to the door step of their residence exists in such shop or establishment, it may, by notification, after obtaining the consent of the woman worker, allow her to work between 9 p.m. and 6 a.m. subject to such conditions as may be specified in the notification.

Employer's Duty for Worker Health and Safety-

1. (1) Every employer shall take such measures relating to the health and safety (including cleanliness, lighting, ventilation and prevention of fire) of the workers as may be prescribed.
2. (2) Every employer shall be responsible for providing constant and adequate supervision of the workers employed in the shop or establishment as to ensure the compliance with the rules relating to health and safety made under sub-section
3. (1) and for taking necessary steps to prevent accidents.

Working Hour-

1. (1) No adult worker shall be required or allowed to work in a shop or an establishment for more than forty-eight hours in any week and nine hours in a day or
   • (i) for more than nine hours in any day or for more than forty eight hours in any week, working for six days in any week;
   • (ii) for more than ten hours in any day or for more than forty eight hours in any week, working for five days in any week;
   • (iii) for more than eleven and a half hours in any day working for four days in any week, or works on paid holidays -he shall in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.” and no worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour: Provided that the working hours or of weekly rest may

be relaxed in case of work of urgent nature with the previous

permission of the Facilitator.

1. (2) The total number of hours of work in a shift including the rest interval, the spread over shall not exceed twelve hours.
2. (3) Any work done beyond the working hours of forty-eight hours in a week shall be treated as overtime and the total hours of overtime shall not exceed one hundred and forty four hours in a period of three months.
3. (4) The State Government shall make rules to the following:-
   • (a) subject to sub-section (1), fix the number of hours of work which shall constitute a normal working day for the workers employed in the shop or establishment, inclusive of one or more specified intervals;
   • (b) provide for a day of rest in every period of seven days which shall be allowed to all workers employed in the shop or establishment and for the payment of remuneration in respect of such days of rest.
4. (5) The provisions of sub-section
5. (1) and
6. (2) shall, in relation to the following class of workers employed in such shop or establishment, apply only to such extent, and subject to such conditions, as may be prescribed, namely:-
   • (a) workers engaged on urgent work, or in any emergency which could not have been foreseen or prevented;
   • (b) workers engaged in the nature of preparatory or complementary

work which must necessarily be carried on outside the normal

hours of work laid down in the rules;

1. (c) workers engaged in any work which for technical reasons has to be completed before the day is over;
2. (d) workers engaged in a work which cannot be carried on except at times dependent on the irregular action for natural forces; and
3. (e) highly skilled workers (such as workers working in the establishments of Information Technology, Bio-Technology and

Overtime Overtime- Where any worker is required to work on any day in excess of nine hours and forty-eight hours in a week, he shall be entitled to wages at the rate of twice his ordinary rate of wages or such higher amount as may be prescribed.

Working Shift-

1. (1) A department or any section of a department of the shop or establishment may work in more than one shift at the discretion of the employer and if more than one shift is worked, the worker may be require to work in any shift at the discretion of the employer, without any discrimination between the employees.
2. (2) A shop or an establishment may work on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.
3. (3) The period and hours of work in a week for all classes of workers in such shift shall be informed to all workers in writing and shall be sent to the Facilitator electronically or otherwise.
4. (4) Where a worker is required to work on a day of rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages.

Notice of the dismissal or discharge.-

1. (1) No employer shall dismiss or discharge or otherwise terminate the employment of any employee who has been in his employment continuously for a period of not less than six months, except for a reasonable cause (closure, financial stress, technological changes, etc.) and after giving such employee at least one month's notice or one month's wages in lieu of such notice: Provided that such notice shall not be necessary where the services of such employee are dispensed with on a charge of such misconduct as may be prescribed by the State Government, supported by satisfactory evidence recorded at an enquiry held for the purpose: Provided further that an employee who has been in continuous employment for a year or more and whose services are dispensed with otherwise than on a charge of misconduct shall also be paid compensation equivalent to fifteen days average wages for every completed year of service and any part thereof in excess of six months before his discharge in addition to the notice or pay in lieu of notice as prescribed above.
2. (2) Every employee, dismissed or discharged or whose employment is otherwise terminated, may make a complaint in writing in the prescribed manner, to a prescribed authority within 6 months of the receipt of the order of dismissal or discharge or termination of employment to the one or more of the following grounds, namely:-
   • (i) there was no reasonable cause for dispensing with his services; or
   • (ii) no notice was served on him as required by sub-section (1); or
   • (iii) he has not been guilty of any misconduct as held by the employer; or
   • (iv) no compensation as prescribed in sub-section
3. (1) was paid to him before dispensing with his service.
4. (3) The prescribed authority may condone delay in filing such a complaint if it is satisfied that there was sufficient cause for not making the application within the prescribed time. (4)
   • (a) The prescribed authority shall cause a notice to be served on the employer relating to the said complaint, record briefly the evidence adduced by the parties, hear them and after making such enquiry as it may consider necessary pass orders giving reasons therefor.
   • (b) In passing such order the prescribed authority shall have power to give relief to the employee by way of reinstatement or money compensation or both.
5. (5) The decision of the prescribed authority shall be final and binding on both the employer and employee.