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     Additional Labour Commissisoner (E)
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Office of the Labour Commissioner

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FAQ under Kerala Shops and Commercial Act

FAQ under Kerala Shops and Commercial Establishments Act

 

 

Whether all shops and commercial establishments have to be registered under Kerala Shops and Commercial Establishments Act

 

 

All shops and commercial establishments except the establishments registered under Factories Act have to be registered under this Act.

 

Establishments without workers to be registered under the Act

 

 

All shops and commercial establishments have to be registered under the Act irrespective of the number of workers.

 

Procedure for registration of establishments under Shop Act

 

 

(i) Application in form B1
(ii) Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the Asst. Labour Officer
(iii) Submit the form B1 and original chalan receipt at the office of the Asst. Labour Officer having jurisdiction over the area with in 60 days from the date of commencement of the establishment

 

What is the prescribed fees under the Act

 

 

No. of workers Nil - `10

Up to 5 workers- ` 50

Above 5 and up to 10 workers-  ` 50

Above 10 and up to 20 workers- ` 200

Above 20 and up to 30 workers- ` 300

Above 30 and up to 50 workers- ` 500

Above 50 and up to 100 workers- `1000

Above 100 workers- `2000

 

What is the Head of Account in which fee is to be remitted

 

 

0230-800-95

 

How and when to renew the Registration Certificate

 

 

Repeat the procedure in item No. 3 and submit along with the Registration Certificate 30 days before the expiry of registration certificate.

 

Total number of hours required to be worked by an employee in an establishment.

 

 

No employee is required or allowed to work for more than 8 hours in any day and 48 hours in any week.

 

Can an employee be employed more than the prescribed working hours, if so what extra remuneration to be paid.

 

 

Number of hours of work including overtime shall not exceed ten hours in anybody and total number of hours of overtime shall not exceed fifty hours for any quarter. The employee is entitled wages at the rate of twice the ordinary rate.

 

A work man working for an extra time of 15 minutes to serve a customer whether he is entitled to extra wages.

 

 

Yes

 

What is the period of work of an employee in an establishment including intervals for rest.

 

 

Ten and a half hours

 

Is it necessary to observe weekly closure by a shopkeeper if there is no workman in the establishment

 

 

Every shop with or without workman shall remain entirely closed on one day of the week (exhibit a notice to that effect)

 

Total number of leave with wages entitled to an employee completed 12 months of continuous service

 

 

Holidays with wages for a period of 12 days
Leave with wages for a period of 12 days on the ground of sickness
Casual leave with wages for a period of 12 days on any reasonable grounds.

 

Can a woman employee be employed after 7 PM

 

 

No woman employee or persons below 17 years shall be employed before 6 am or after 7 pm.

 

Registers to be maintained by an employer

 

 

Register of employment in form A
Service Record in form BB
Holidays given to workers in form E
Extracts of the Act in Malayalam 
Register of holidays and leave granted in form F
Visit book
Quarterly returns in form H (if there are 10 or more workers)

 

Whether cinema theaters are exempted become the opening & closing time

 

 

Cinema theaters are not permitted to open before 9 am on Sundays, Saturdays and public holidays and 1 pm on other days and to be closed before 2 am.

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center in 155300

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FAQ under Minimum Wages Act

FAQ under Minimum Wages Act

 

 

Minimum number of workers to be employed for coming under the preview of Minimum Wages Act.

 

 

Even if there is only one employee, where employment is notified as scheduled of employment, the employer is liable to pay Minimum Wages

 

No of hours of work for getting Minimum Wages

 

 

9 hours for adult and 4 1/2 hrs for child

 

Prescribed overtime and wages under Minimum Wages Act

 

 

50 hours in a quarter. Double the ordinary rate of wages is given as overtime wages

 

Registers and records to be maintained by an employer

 

 

Muster Roll in form VI, Register of wages in form XI, Over time register in Form V,

Register of fines in Form I, Visit book, Register of deductions, Annual Return in Form II, 
Wage Slip in Form XIII 

 

Not getting Minimum Wages, what remedy.

 

 

File a claim petition before the Deputy Labour Commissioner by the employee/any legal practitioner/official of a registered union/ Inspector/person permitted by the authority.

 

I am not getting Minimum Wages for the last one year. Can I get the arrears for the period.

 

 

Eligible to get arrears of Minimum Wages for the last six months.

 

Employer is not maintaining the prescribed registers. Where should I complain?

 

 

Assistant Labour Officer having jurisdiction over the area in notified as the Inspector under the Minimum Wages Act.

 

The employer is preparing registers and records as and when he receives the inspection notice from the inspector. Is it permitted.

 

 

No, the employer is liable to maintain registers and records up to date and to be maintained at least for 3 years after last entry made in the registers.

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FAQ under the Motor Transport Workers Act

FAQ under the Motor Transport Workers Act

 

 

Which are the vehicles /establishments to be registered under the Motor Transport Workers Act

 

 

A Motor transport undertaking carrying passengers or goods by road including private carrier

 

How to register a Motor Transport undertaking

 

 

Application in form No. 1 in duplicate chalan receipt for the prescribed fee. Submit the application with chalan receipt before the Inspector under MTW Act (Assistant Labour Officer) thirty days before the date of operation of the undertaking

 

What is the prescribed fees under the Act

 

 

Fees is As  per the minimum number of motor transport workers to be employed on any one day during the year

Up to 5 workers- 250

Above 5 and up to 10 workers-  ` 500

Above 10 and up to 20 workers- ` 1,000

Above 20 and up to 30 workers- ` 1,500

Above 30 and up to 40 workers- ` 2,000

Above 40 and up to 50 workers- 3,000

Above 50 and up to 75 workers- ` 4,000

Above 75 and up to 100 workers- ` 5,000

Above 100 and up to 200 workers- ` 7,000

Above 200 and up to 500 workers- ` 10,000

Above 500 and up to 750 workers- ` 15,000

Above 750 and up to 1000 workers- ` 20,000

Above 1000 workers- ` 25,000

 

What is the Head of Account in which fee is to be remitted

 

 

0230-00-800-90

 

How and when to renew the Registration

 

 

Repeat the procedure in item No. 2 Submit along with the original RC before sixty days of the date of expiry. 25% of the fee shall be paid in the case of belated applications for renewal.

 

Is there any prescribed wages for the Motor Transport workers

 

 

Govt. have notified fair wages for the workers of Motor Transport undertakings

 

Total number of working hours of a worker.

 

 

8 hrs in a day and 48 hrs in a week. This may be extended to 10 hrs in a day and 50 hrs in a week with prior permission of the Chief Inspector

 

How many days of leave available for a Motor Transport Worker

 

 

Leave with wages one day for every 20 days to a workman who worked for a period of 250 days or more in the year immediately proceeding.

 

Welfare amenities to be provided to a workman

 

 

Canteen, rest room, first aid and uniforms.

 

What are the registers and records to be maintained by MT undertaking

 

 

Register of workers in form IX 
Muster roll of workers in form X
Overtime Muster roll in form XI
Leave book in form VIII (Provided to worker)
Register of leave with wages form VII
Individual control book form XII

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 3 months or with fine which may extend to Rs. 500/- or with both

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  • Last Modified: Monday 25 June 2018.