Frequently Asked Questions
- Whether all shops and commercial establishments have to be registered under Kerala Shops and Commercial Act
All shops and commercial establishments except the establishments registered under Factories Act have to be registered under this Act.
- Establishments with out 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 treasuryÂ 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
- How and when to renew the Registration Certificate
Repeat the procedure in item No. 3 and submit along with the Registration Certificate before 31st December of the current year.
- 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.Â 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.
- 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 with out 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
Quarterly returns in form H (if there are 10 or more workers)
- 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
- Minimum number of workers to be employed for coming under the preview of Minimum Wages Act.
If there is only one employee, where employment is notified as scheduled of employment, the employer is liable to pay Minimum WagesÂ
- 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 VIÂ Register of wages in form XIÂ over time register in Form V
Register of fines in Form I
Register of deductions
Annual Return in Form II
Wage Slip in Form XIIIÂ Â
- 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.Â 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.Â 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.Â Is it permitted.
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
- 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 (o/o District Labour Office) thirty days before the date of operation of the undertaking.
- How and when to renew the Registration
Repeat the procedure in item No. 22.Â Submit along with the original RC before sixty days of the date of expiry
- 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 five which may extend to Rs. 500/- or with both
Trade Union Act
- How many persons required in an industry for registration of a Trade Union
10% or 100 whichever is less engaged or employed in an establishment or industry.
- How many persons required for making an application for Registration of a Trade Union
- Procedure for Registration of a Trade Union
Application in form A
Bye - law of the union
Resolution authorising 7 members to make an application
Chalan Receipt for Rs. 500/-
- Where to Submit the application.
Submit the application before the Asst. Labour Officer having jurisdiction over the area where the Head Office of the union is situated.
- Can the employers form a Trade Union
- A Trade Union which has an identical name with another.Â Will it be registered.
Registrar of Trade Union shall not register that union until they make a change in the identical name.
- Registrar of Trade Union withdrew a unions registration in view of non performance of certain statutory provisions
Is it possible..Registrar has the power only to cancel the registration.Â He cannot withdraw the order of registration issued by him.
- When happens when membership falls down after the date of application
Application shall not become invalid.
- Who is a protected workman.
Office bearers of a registered Trade Union are protected workmen.
- Cancel the registration of a Trade Union when.
Trade Union Certificate obtained by fraud or mistake.
Contravened any provision of the Trade Union Act.
(With two months notice from the Registrar)
- Registrarâ€™s decision not correct, whom to appeal
Appeal to respective High Court
- What is the minimum age to be a member of Trade Union
One who attained the age of 15 years.
- What is the minimum age to be an office bearer
Attained the age of 18 Years.
- Registers and records to be maintained by, a Trade Union
Register of membership and subscription in Form â€˜Mâ€™
Register of receipts and disbursement of general Fund
Minutes book of the meeting stock register
Subscription receipt book