Frequently
Asked Questions
1. Whether
all shops and commercial establishments have to be registered
under Kerala Shops and Commercial Act
(A)
All shops and commercial establishments except the establishments
registered under Factories Act have to be registered under
this Act.
2. Establishments
with out workers to be registered under the Act
(A) All shops and commercial establishments have to be registered
under the Act irrespective of the number of workers.
3. Procedure
for registration of establishments under Shop Act
(A) (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
4. How
and when to renew the Registration Certificate
(a) Repeat the procedure in item No. 3 and submit along
with the Registration Certificate before 31st
December of the current year.
5. Total
number of hours required to be worked by an employee in
an establishment.
(A)
No employee is required or allowed to work for more than
8 hours in any day and 48 hours in any week.
6. Can
an employee be employed more than the prescribed working
hours, if so what extra remuneration to be paid.
(A) 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.
7. A
work man working for an extra time of 15 minutes to serve
a customer whether he is entitled to extra wages.
(A)
Yes
8. What
is the period of work of an employee in an establishment
including intervals for rest.
(A)
Ten and a half hours
9. Is
it necessary to observe weekly closure by a shopkeeper if
there is no workman in the est.
(A) Every shop with or with out workman shall remain entirely
closed on one day of the week (exhibit a notice to that
effect)
10. Total
number of leave with wages entitled to an employee completed
12 months of continuous service
(A)
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.
11. Can
a woman employee be employed after 7 PM
(A)
No woman employee or persons below 17 years shall be employed
before 6 am or after 7 pm.
12. Registers
to be maintained by an employer
(A) 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)
13. Whether
cinema theatres are exempted become the opening & closing
time
Cinema theatres 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.
Minimum
Wages Act 1948
14. Minimum
number of workers to be employed for coming under the preview
of Minimum Wages Act.
(A)
If there is only one employee, where employment is notified
as scheduled of employment, the employer is liable to pay
Minimum Wages
15. No
of hours of work for getting Minimum Wages
(A)
9 hours for adult and 4 1/2 hrs for child
16. Prescribed
overtime and wages under Minimum Wages Act
(A) 50 hours in a quarter.
Double
the ordinary rate of wages is given as overtime wages
17. Registers
and records to be maintained by an employer
(A)
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
18. Not
getting Minimum Wages, what remedy.
(A)
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.
19. I
am not getting Minimum Wages for the last one year. Can
I get the arrears for the period.
(A)
Eligible to get arrears of Minimum Wages for the last six
months.
20. Employer
is not maintaining the prescribed registers. Where should
I complain?
(A) Assistant Labour Officer having jurisdiction over the
area in notified as the Inspector under the Minimum Wages
Act.
21. The
employer is preparing registers and records as and when
he receives the inspection notice from the inspector. Is
it permitted.
(A)
No, the employer is liable to maintain registers and records
upto date and to be maintained at least for 3 years after
last entry in made in the registers.
Motor
Transport Workers Act
22. Which
are the vehicles /establishments to be registered under
the Motor Transport Workers Act
(A)
A Motor transport undertaking carrying passengers or goods
by road including private carrier
23. How
to register a Motor Transport undertaking
(A)
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 (o/o District Labour Office) thirty days before
the date of operation of the undertaking.
24. How
and when to renew the Registration
(A)
Repeat the procedure in item No. 22. Submit along with
the original RC before sixty days of the date of expiry
25. Is
there any prescribed wages for the Motor Transport workers
(A) Govt. have notified fair wages for the workers of Motor
Transport undertakings.
26.
Total number of working hours of a worker.
(A) 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
27.
How many days of leave available for a Motor Transport
Worker
(A)
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.
28.
Welfare amenities to be provided to a workman
(A)
Canteen, rest room, first aid and uniforms.
29.
What are the registers and records to be maintained by
MT undertaking
(A) 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
30.
What is the penalty for violation of the provision of the
Act & Rules
(A)
Imprisonment which may extend to 3 months or with five which
may extend to Rs. 500/- or with both
Trade
Union Act
31.
How many persons required in an industry for registration
of a Trade Union
(A)
10% or 100 whichever is less engaged or employed in an establishment
or industry.
32.
How many persons required for making an application for
Registration of a Trade Union
(A)
Minimum Seven.
33.
Procedure for Registration of a Trade Union
(A)
Application in form A
Schedule I
Schedule
II
Bye - law of the union
Resolution
authorising 7 members to make an application
Chalan
Receipt for Rs. 500/-
34.
Where to Submit the application.
(A)
Submit the application before the Asst. Labour Officer having
jurisdiction over the area where the Head Office of the
union is situated.
35.
Can the employers form a Trade Union
(A)
Yes
36.
A Trade Union which has an identical name with another.
Will it be registered.
(A)
Registrar of Trade Union shall not register that union until
they make a change in the identical name.
37.
Registrar of Trade Union withdrew a unions registration
in view of non performance of certain statutory provisions
Is
it possible
(A)
Registrar has the power only to cancel the registration.
He cannot withdraw the order of registration issued by him.
38.
When happens when membership falls down after the date
of application
(A)
Application shall not become invalid.
39.
Who is a protected workman.
(A) Office bearers of a registered Trade Union are protected
workmen.
40.
Cancel the registration of a Trade Union when.
(A) Trade Union Certificate obtained by fraud or mistake.
Contravened any provision of the Trade Union Act.
(With
two months notice from the Registrar)
41.
Registrar’s decision not correct, whom to appeal
(A)
Appeal to respective High Court
42.
What is the minimum age to be a member of Trade Union
(A)
One who attained the age of 15 years.
43.
What is the minimum age to be an office bearer
(A)
Attained the age of 18 Years.
44.
Registers and records to be maintained by, a Trade Union
(A)
Register of membership and subscription in Form ‘M’
Register of receipts and disbursement of general Fund
Minutes
book of the meeting stock register
Subscription receipt book
