Before you think of setting up your business, shop, or establishment, there are three most important things for which you think the most.
First, raising capital for the business, second choosing the right location, and third, recruiting the right set of employees to fulfill the job requirements.
Fortunately, when it comes to the recruiting process of employees, every business has a detailed plan process to maximize the potential of employees.
But, when it comes to the employee's welfare, these shops, businesses, and establishments seem to be irregular with their commitments. Problems like prolonged working hours, no overtime pay, 7 days working and several other issues were being faced by the employee.
After witnessing the above situations, the Rajasthan Shops and Commercial Establishments Act was introduced in 1958 to consolidate and amend the law towards the regulation of work conditions and employment in the shops and commercial establishments in the state Rajasthan.
The main aim of the Rajasthan shops and commercial establishment Act is to protect the rights of the employees concerning certain kinds of government regulations and compliances that need to be taken care of throughout the year.
The Act provides regulations of the following:
- Payment of wages
- Terms of services
- Working hours
- Rest intervals
- Overtime work
- Opening and closing hours
- Closed days
- Holidays and leaves
- Maternity leave and benefits
- Work conditions
- Rules of employment of children
- Maintenance of records
These also completed the list of compliances under the Rajasthan shops and commercial establishment Act.
This article will look forward to covering the compliance of the opening and closing hours of shops and establishments under the Rajasthan shops and commercial establishments Act 1958.
But before jumping to the central part, let us get into basics and define the commercial establishments and shops covered under the Act along with the following:
• Registration process related to Establishments
• Compliances of Rajasthan Shop and Commercial Establishments
• Act in brief
• Compliance of Form 12- Where opening and closing hours are ordinarily uniform
• Specimen of Form 12- Where opening and closing hours are uniforms
• Particular details of Form 12- Where opening and closing hours are uniforms
A commercial establishment includes every establishment stated by the State government or by notification in the Official Gazette.
These are as follows:
- Trading or banking or insurance establishment
- An establishment or administrative service in which the persons are employed and engaged in office work, hotel, restaurant, boarding or eating houses, cafe or refreshment houses.
- It also includes establishments like theaters or other places of public amusement or entertainment.
The shop includes any premises where any trade or business activities are being carried on. It also consists of the services rendered to the customers and has offices, storerooms, godowns, and warehouses.
The shops can also be used in connection with such trade activities but don't include a commercial establishment attached to a factory where the persons employed in the shop are allowed the benefits provided for the workers under the Factories Act 1948.
Registration Process related to Establishments
The registration process of establishments exists on the date on which the Act comes into force, which is within 30 days from the date of commencement of the work by the establishment.
The new establishment will be required to send a statement in the prescribed form to the inspector along with the fees that contain the following:
- The name of the employer and manager
- Postal address of the establishment
- Name of the establishment
- Particulars as prescribed
On receipt of the payment and the fees, the inspector will inspect the correctness of the statement and will register the establishment in the "Register of Establishments."
The employer will then be provided a registration certificate prominently displayed at the establishment.
Compliances of Rajasthan Shop and Commercial Establishments
Act in brief
Once the employer gets a registration certificate, the employer will comply with all the compliances covered under the Rajasthan shops and commercial Establishment Act.
The compliances of Rajasthan Shop and Commercial Establishment Act are as follows:
As you can see, every compliance has a different set of forms assigned under the Act.
This article covers the compliance of Form 12, where opening and closing hours are uniforms.
Compliance of Form 12- where opening and closing hours are ordinarily uniform
As per the Rajasthan shops and commercial Establishment Act, every employer should maintain a uniform work timing with Form 12- where opening and closing hours are ordinarily uniform in the prescribed format.
Under this compliance,
- As per sub-section 2, no establishment on any day can be opened earlier than or closed later than such hours as fixed by the general or specific order of the State Government.
- After making inquiries in a prescribed manner, the State Government will fix the time at which an establishment or class of establishments will be opened or closed in the local area.
Specimen of Form 12- where opening and closing hours are ordinarily uniform
As per rule 22-sub rule 1, the following is the specimen of form 12 under the Rajasthan shops and establishment rules, 1959:
Specimen of Form 12
Where opening and closing hours are ordinarily uniform
Details of Form 12- where opening and closing hours are ordinarily uniform
- Name of the person employed
- Whether young person or not
- The time at which the employment commences for the employee
- Time at which the employment ceases
- The rest interval
- The number of hours worked on
- A total number of hours worked during the month.
- The days on which overtime work is done by the employee along with the extent of overtime on each occasion
- The extent of the overtime work during the month
- The extent of the overtime worked previously during the year.
- The mark 'H' shall be made in the column relating to any day a holiday is given following the notice referred to in rule 13.
- Point 8 related to days on which overtime work is done, and the extent of overtime on each occasion is not to be filled by the commercial establishments.
This point should be filled with shops, residential hotels, restaurants, eating houses, theaters, or places of public amusement or entertainment.
The extent of overtime performed by the employee is shared in red ink that indicates the time up to which the overtime work was taken from the employee.
Every employer must maintain Form 12 for every employee working under him.
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The Rajasthan Shops And Commercial Establishments Act streamlined the working hours and overall condition of the employees working in commercial establishments and shops.
Let's take a look at the key takeaways of the article:
- Rajasthan shops and commercial Establishment Act was introduced in 1958 to consolidate and amend the law towards regulating conditions of work and employment in the shops and commercial establishments in the state of Rajasthan.
- The Act provides regulations related to wages, rest intervals, overtime, opening and closing hours, holidays and leaves, work conditions, and maintenance of records.
- A commercial establishment includes every establishment stated by the State government or the notification in the official gazette.
- The commercial establishments include trading for banking establishments, persons employed in office work, hotels, restaurants or refreshment houses, and entertainment establishments.
- The shops include any premises where any business activities or services are being rendered to the customers.
- The registration process of establishments exists on the date on which the Act comes into force which is within 30 days from the date of commencement of the work by the establishment.
- There are a set of 12 compliances under the Rajasthan shops and commercial Establishment Act.
- The article covered the compliance of form 12, where the opening and closing hours of the establishment are ordinarily uniform.
- There are a set of particular details covered under form 12
- The details include the name of a person, time of employment commencement, amount of hours worked, the total number of hours worked, overtime spent during the month, etc.
- The employer maintains the precise details of form 12 for each set of employees working under him