Chapter III DUTIES OF EMPLOYER

Notwithstanding anything contained in

the Act, every employer shall issue an appointment letter to every employee at the time of engagement indicating his terms of employment and conditions of service in accordance provisions of law.

1. (1) No employer shall dispense with the service of an employee who has been in continuous employment for not less than two hundred and forty days, without giving such person at least one month’s notice in writing or wages in lieu of such notice: Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct established as per the rules prescribed.
2. (2) No employee, who has been in the continuous employment of an employer for not less than two hundred and forty days, shall leave the service of such employer without giving him at least one month’s notice in writing, and if he fails to give such notice, or gives notice of less than one month, he shall forfeit his wages for one month or for the number of days by which the notice falls short of one month as the case may be.
3. (3) Any employee in respect of whom the provisions of sub-section
4. (1) are contravened may apply before Assistant Labour Commissioner and if he/she is satisfied that such person has been dismissed without sufficient cause, he may for the reasons recorded in writing, direct the employer to pay one and a half months wages as compensation to the persons dismissed and thereupon the employer shall pay the amount of compensation to such person:-
   • (a) The amount of compensation payable under this section shall, for the purpose of its recovery, be deemed to be a fine imposed under this Act,
   • (b) Any person who has been awarded compensation under this section shall not bring any civil suit or proceedings in respect of the same claim and no civil court shall entertain any such suit or proceedings.

1. (1) No woman worker shall be discriminated against in matters of recruitment, training, transfers or promotions or wages.
2. (2) the woman worker with her consent, shall be allowed to work during night shifts in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor.

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 and to ensure the compliance with the rules relating to health and safety made under sub-section (1) and for taking steps necessary to prevent accidents.

1. (1) No adult worker shall be required or allowed to work in a shop or establishment for more than forty-eight hours in any week and eight hours in a day 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 Assistant Labour Commissioner.
2. (2) The total number of hours of work in a shift including the rest interval shall not exceed ten and half hours in any shop or establishment and in case a worker is entrusted with intermittent nature of work or urgent work, the spread over shall not exceed twelve hours.
3. (3) Any working hour beyond eight hours a day or forty-eight hours a week shall be treated as overtime and the total number of overtime hours shall not exceed one hundred and forty-four hours in a period of three months.
4. (4) The Government shall make rules to: - 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 the workers employed in the shop or establishment and for the payment of remuneration in respect of such days of rest.
5. (5) The provisions of sub-sections (1) and (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; c. Workers engaged in any work which for technical reasons has to be completed before the day is over; d. Workers engaged in a work which cannot be carried on except at times dependent on the irregular action for natural forces; and e. Highly skilled workers (such as workers working in the establishments of Information Technology, BioTechnology, hospitals and medical Research institutes and Defence Development establishments).

Where any worker is required to

work on any day in excess of ten hours with one hour rest and fortyeight 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.

1. (1) A department or any section of a department of the shop or establishment may work in more than one shift and if more than one shift is worked, the worker may be required to work in any shift on rotational basis without overlapping the shift and subject to the conditions as may be prescribed under rules.
2. (2) 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 Inspector cum Facilitator electronically or otherwise.
3. (3) 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: Provided that a shop or an establishment to which this Act applies, in case of urgency/ exigency, may work on all days (24x7) in a week, subject to certain conditions, by a general or special order issued in this behalf by the Labour Commissioner for a period of one year in the first instance, which shall be further extended on two yearly basis subject to satisfactory implementation of the provisions contained in the Act and rules made there under and subject to the fulfilment of following conditions:- i. that every worker engaged in the establishment shall be allowed a weekly paid holiday of at least twenty four consecutive hours of rest. ii. if a worker is denied a weekly holiday in case of any exigency of work, he shall be allowed compensatory paid leave in lieu of such weekly holiday within next two months. iii. no worker shall be allowed to work for more than ten hours a day with one hour rest and fourty-eight hours in a week. iv. the shifts of work as far as practicable be arranged on rotational basis without overlapping and in no case the spread over shall exceed twelve hours a day. v. a security amount of Rs. 1500/- (one thousand five hundred) per worker in the shape of bank draft pledged towards the Assistant Labour Commissioner be submitted along with the application for permission. The security amount shall be refundable up to a period of two years subject to satisfactory compliance of the Labour laws in the establishment: Provided further that a separate account for this purpose be opened in the office of Assistant Labour Commissioner, and the unclaimed amount shall be utilized for result oriented inspections under the Act, as may be prescribed under the rules.