The Odisha Shops and Commercial Establishments Act, 1956
Chapter III Chapter III
Chapter III Chapter III
7. 7. Daily and weekly hours. -
(1) No employee in any establishment shall be required or allowed to work for more than nine hours in, any day and forty-eight hours in any week ; Provided that-the total number of hours of work including overtime shall not exceed ten hours in any day except on days of stocktaking and preparation of accounts ; Provided further that the total number of overtime hours worked by an employee does not exceed fifty during a period of three months. (2) No child between the ages of twelve and fifteen shall be allowed to work in any employment for more than five hours in a day.
Chapter III Chapter III
8. 8. Extra wages for overtime work. -
(1) Where an employee works in any establishment for more than nine hours in any day or for more than forty-eight hours in any week, tie shall, in respect of such overtime work be entitled to double the ordinary rate of wages. (2) For the purpose of this section, "ordinary rates of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food-grains and other articles as the worker is for the time being entitled to but does not include a bonus. (3) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. Explanation 1 - "Standard family" means a family consisting of the employee, his or her spouse and two children below the age of fourteen years requiting in all three adult consumption units. Explanation 2 -"Adult consumption unit" means the consumption unit of a male above the age of fourteen years and the consumption unit of a female above the age. of fourteen years and that of a child below the age of fourteen years shall be calculated at the fates of 0.8 and 0.6 respectively of one adult consumption link. (4) The State Government may make rules providing- (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food-grains and other articles shall be computed; and (b) the registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this section.
Chapter III Chapter III
9. 9. Interval for rest. -
The period of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he had an interval for rest of at least half an hour.
Chapter III Chapter III
10. 10. Spread-over. -
The spread-over of an employee in an establishment inclusive of the interval for rest shall not exceed twelve hours in any day.
Chapter III Chapter III
11. 11. Opening and closing hours. -
(1) No establishment shall, on any day, be opened earlier than and closed later than such hour as may be fixed by a general order of the State Government made under Sub-section (2). (2) The State Government may, after making an enquiry in the prescribed manner, by general or special order, fix the time at which any establishment or class of such establishments shall be opened or closed in any local area.
Chapter III Chapter III
12. 12. Weekly holidays. -
(1) Every establishment shall remain closed for one day in the week. The employer shall fix such day at the beginning of the year, notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. The employer shall not alter such day more often than once in three months, shall notify the alteration to the Inspector and make the necessary change in the notice in the shop or commercial establishment. (2) Every employee in an establishment shall be given at least one whole day in a week as a holiday for rest. This is without prejudice to the existing practice in establishments which allow one and a half day's rest. (3) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a weekly holiday or on a day on which such establishment remains closed; Provided that if local custom so requires, an establishment may remain open for business on any such holiday or on a day an which such establishment remains closed in which event every employee thereof shall be given equivalent leave in lieu of such holiday or holidays within that year. (4) Notwithstanding anything contained in Sub-section (1) the State Government may allow an establishment to remain open through out the week if they are satisfied that the establishment employs additional staff for the purpose of working on weekly holidays or on a day on which such establishment remain closed. (5) No deductions shall be made from the wages of any employee in any establishment on account of the holiday given to him under Sub-section (1). If any employee is employed on daily wages he shall nonetheless be paid his wages for the weekly holiday : Provided that nothing in this sub-section shall apply to any person, who is employed on daily wages and whose total period of continuous employment in a week, including any days spent on leave admissible under the Act, is less than six days.
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