Shops and Establishments in West Bengal can now remain open for all 7 days a week, if Employer/s fulfils certain conditions and is granted exemption
In a Notification dated 30th October, 2018, the Labour Department of West Bengal has allowed all Shops and Establishments to remain open for all 7 (seven) days a week in public interest without affecting the rights and interests of the workers.
As per this Notification, the Governor of West Bengal has allowed Shops and Establishments in West Bengal to remain open for all 7 days subject to the employer fulfilling the following conditions:
- Every employee must be given one and a half day holiday in a week in rotation without making any deduction from his/her wages on account. Thereof and the list of the time table of such holidays for a month shall be placed on the notice board/or in a conspicuous place in advance. In case of National Holidays or Holidays under NI Act, a compensatory paid holiday will have to be given to that employee who works on that particular day.
- All employees are to be provided with Appointments Letters and copy of the same will be furnished to the inspector of the area and acknowledgement shall be preserved in the Shop or Establishment for inspection at any time.
- Visit book shall be maintained exhibiting a copy of the exemptions for verification by the inspector for compliance with conditions for exemption.
- The employers shall co-operate in implementing the Duties of inspectors under Rule 41 of the West Bengal Shops and Establishments Rules 1964, with regard to the conditions laid down for exemption and also the provision of other relevant labour laws for the workers employed in their Shops & Establishments.
- All the shopkeepers shall comply with all provisions laid down under section 6 and sub section (2), (3) and (4) of section 7 of the said Act.
- If violation of any statutory provision of the Shops & Establishments Act and any other relevant Labour Laws comes to the notice of the Govt. the exemption for that particular shop or the Establishment will be suspended/ cancelled, and an order will be specially issued to the Employer.
Further, to fulfilling the above conditions, every individual employer intending to avail this exemption must apply to the Government seeking permission for grant of such exemption along with detail/s of documents like:
- Up-to date registration certificate
- List of employees containing wages paid to the employees
- PF and ESI, if any
- Copies to be issued to its employees.
The State Government after considering the application on merit may accept or reject the application.
Source: Labour Department of West Bengal