Subhash Patel is the owner of a restaurant running successfully in Hyderabad with 25 employees. The owner had prescribed a weekly holiday on Sunday since the inception of the establishment. Subhash planned to revamp and scale up his business, so he employed 10 more employees willing to work on Sunday with Saturday as their weekly off.
Now Subhash could run his restaurant for the whole week as permitted by the Telangana Shops & Establishments Act.
But a complaint was registered to the Inspector, who got a penalty for changing the weekly off. Subhash was perplexed and could not understand the reason for such a punishment. He made the necessary interrogations and realized that he forgot to make the alterations in the Form XXIV store notice of the weekly holiday.
Any employer of a branch other than a store must submit a notice on the Form XXIV store notice of weekly holiday at its location and submit it to the authorized Inspector, stating the day or days of the week that its employees have a weekly holiday. The notification will be displayed before the employees it refers to immediately before the first week it takes effect.
Here we will learn more about the Form XXIV store notice of the weekly holiday.
Table of Contents
- Telangana Shops & Establishments Act
- Commercial establishment means an establishment that:
- Registration procedure of shop, establishment, or a commercial establishment
- About Form XXIV store notice of weekly holiday - The law on weekly holidays
- Other requirements that must be met:
- Keeping records and compliances
- Sample of Form XXIV store notice of weekly holiday
- Inclusions of Form XXIV store notice of weekly holiday
- Key Takeaways
Telangana Shops & Establishments Act
The Form XXIV store notice of weekly holiday comes under the Telangana Shops & Establishments Act 1988 and the Rules of 1990, which apply to all shops and business establishments within designated areas of the Government of Telangana. The law is designed to protect the rights of workers. The law contains regulations on the payment of wages, working conditions, working hours, breaks, overtime, opening and closing hours, days off, public holidays, vacations, maternity leave and benefits, working conditions, rules for employment of children, record keeping, etc.
Commercial establishment means an establishment that:
carries on a trade, business, occupation, or work in connection with occupation, or an ancillary or auxiliary occupation
- an office department of a factory or 'an industrial enterprise
- a commercial or banking, or insurance branch and includes a branch under the direction and control of a cooperative, a branch of a factory, or of an industrial enterprise not falling within the scope of the Factories Act 1948
- the Government may declare by a notice that it is a commercial establishment for this Act but does not contain a shop
Establishment means a shop, restaurant, dining room, hotel residence, inn, theatre, or place of public amusement for which the Government may declare an establishment by notice of this Act;
Shop means any store where a trade or business is carried on or services are provided to customers and includes an office, store, store, warehouse, or workplace operated by a cooperative, whether located on the same premises or otherwise used in connection with a trade or business establishment and another establishment which the Government may by notice make a business for this Act, but does not include a commercial establishment.
Registration procedure of shop, establishment, or a commercial establishment
The Form XXIV store notice of weekly holiday comes under Telangana Shops & Establishments Act. The owner needs to follow certain norms to get his facility registered under the Act and is liable to apply all compliance forms under the Act, like the Form XXIV store notice of weekly holiday.
An employer of a company must:
- Apply for registration of the establishment existing on the date of entry into force of this law within 30 days of this date
- In the case of a new branch, within 30 from the date on which the branch started operating
- Provide the appropriate Inspector with a statement containing this information and applicable fees. Upon receipt of this declaration, the Inspector will enter the establishment in the register of establishments in the prescribed manner and will provide the employer with a registration certificate in the prescribed form, which he affixed in a conspicuous place in the establishment
- If the Inspector has not issued a negative order within 30 days from the date of filing of the declaration mentioned above, registration will be deemed to have been duly granted; notwithstanding that, to facilitate the start of the activity, no inspection is required before registration
- Also provided that, after uploading the registration application together with any other required attachments, the provisional registration is granted within 24 working hours and is valid until the final decision on the registration application is made
Each issued registration certificate is valid from the date of issue up to and including 31 December.
Within 15 days of any modification or change, each employer will notify the Inspector in the prescribed form of any change in one of the details of the declaration made. This also applied to Form XXIV store notice of weekly holiday. If there is a change in the weekly holiday, it should be intimated at least a week before it is applied in the organization.
The Inspector, upon receipt of such an application and the fees prescribed therein, proceeds to change the register of establishment by the application and amends the certificate of registration or, if applicable, issues a new Certificate of Registration.
The employer notifies in writing within 15 days of the closure of the establishment to the Inspector who, upon receipt of this notification, removes the name of the establishment from the register of establishments and deletes the registration certificate:
About Form XXIV store notice of weekly holiday - The law on weekly holidays
The Form XXIV store notice of weekly holiday is an imperative compliance form under the Weekly Holidays Act of 1942. It is spread all over India. It only comes into force in a (country) or a certain area of a (country) if the Government of (country) so orders by publication in the official gazette.
According to section 1 of the Weekly Holidays Act 1942, "the Act excludes persons employed in confidence or a managerial position within the meaning of the Act." A law granting weekly leave to persons employed in shops and establishments provides that:
- Each store must remain completely closed on one weekday, which day must be indicated by the trader using a notice - Form XXIV store notice of weekly holiday permanently posted in a place in the store.
- The day thus determined may not be changed by the merchant more than once in three months.
- Under section 3 of the Act, the weekly holiday is attributed according to a separate set of norms in the following cases
- Persons whose total weekly working time, including authorized leave, is less than six days
- Confidential persons
- Persons entitled to additional company leave
- For shops - According to section 3, the number of public holidays in a week must be one weekday. Additional public holidays, according to section 5, would be half-day afternoons in a week subject to declaration by the state government
- For facilities such as restaurants and theatres: Section 4 of the law grants one public holiday per week, and under section 5 of the law, an additional public holiday would correspond to half a day in the afternoon of the week, as notified by the state government
Other requirements that must be met:
- Under articles 3 and 5 of the law, the retailer indicates the days of closure of the shops for a whole or half-day using a notice - Form XXIV store notice of weekly holiday that must be posted in a visible place
- Also, under Article 3 of the law, the seller cannot change the closing day more than once every three months
- Also, under article 6 of the law, No salary can be withheld or reduced for the closure of shops or full-day or half-day holidays, regardless of whether a person is employed for a full day or a half-day; he does not owe any wages for part of the day
- According to section 9 of the law, for not closing the shop or granting a day or half-day of vacation under Sections 3, 4, and 5, or for having withheld the salary for that vacation or for not keeping a register of records like Form XXIV store notice of weekly holiday, a fine of up to Rs 25 for violations for the first time and Rs 250 for the second and third time will be applicable
Keeping records and compliances
Keeping records and compliances like Form XXIV store notice of weekly holiday and viewing alerts: - Each employer must maintain records like Form XXIV store notice of weekly holiday and view alerts as follows:
- Each employer keeps a record of employment in form XXII
- Each employer keeps a payroll on Form XXIII
- Any employer of any establishment other than a store must submit a notice Form XXIV store notice of weekly holiday at its establishment stating the day or days of the week on which its employees have a public holiday; the Form XXIV store notice of weekly holiday must be shown to the employees to whom it refers immediately before the first week in which it takes effect
- Each employer must submit a notice to their facility containing extracts of the laws and regulations that the Government may impose
- Any notice required to be issued under these rules or a change in the weekly holiday which should be reported in Form XXIV store notice of weekly holiday must be issued in such a way as to be easily seen and read by any relevant person and renewed if it has been downgraded or is no longer available
- Every employer must keep a register by Form XXV on leave granted to employees of his company
- In any register that an employer requires to be kept under these rules, entries for any day must be made on that date and authenticated by the signature of the employer or manager on the same day; registrations for overtime must be made before the start and immediately after the end of overtime
- The records, registers, and announcements of each calendar year, like the Form XXIV store notice of weekly holiday, must be kept there for 3 years from the last entry.
- Except as provided in subsection (4) above, all books, records, and notices to be maintained and published shall be in English or the language of the majority of the personnel of the establishment
- Every employer must keep a register of visits in which an inspector visiting the establishment can record his comments on the deficiencies noted during his visit or give instructions for the production of documents which will be kept must be made or have been prepared by the provisions of the law and regulations
- This guest book must be a bound book of more or less large size (18cm x 15cm) of at least 100 pages. The front page of the record must contain the following information:
(i) the name of the business or establishment;
Sample of Form XXIV store notice of weekly holiday
Inclusions of Form XXIV store notice of weekly holiday
The Form XXIV store notice of weekly holiday must include relevant and mandatory details as required:
- The Name of the Establishment
- The day decided as the weekly off
- Names of employees who have been given that specific weekly off (this can differ from employee to employee)
- Signature of the Employer
Every worker or employee has the right to a 'day off in one week (Article 11) as intimated using Form XXIV store notice of weekly holiday. No employee is required to work on a closing day in an establishment that is required to observe a closing day or before the establishment's opening hours and after the establishment's closing hours.
If there is any modification or alternation in the weekly off day, it should be requested in the Form XXIV store notice of weekly holiday and presented to the authorized Inspector for approval. After it has been acclaimed and approved, then Form XXIV store notice of weekly holiday must be displayed in a prominent place within the shop or the establishment for all employees.
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- The main purpose of the Telangana Shops & Establishments Act is to regulate the payment of wages, working conditions, holidays, vacations, working conditions, working hours, overtime, maternity leave and allowances, and rules for the occupation of children, job description, and such
- Any person who works in a retail store, restaurant, or theatre not in a private capacity or a managerial position is entitled to one full day's holiday per week as prescribed in Form XXIV store notice of weekly holiday by the employer
- The law is intended to protect the rights of workers and the Form XXIV store notice of weekly holiday ensures that every worker gets one day off per week. This should be authorized by the Inspector, after which it can be displayed within the premises of the facility to be seen by every employee
- If employees are not required to work or travel to the workplace on any day of the week, weekly adjustments can be made
- W.e.f. 16.06.2019, the government of Telangana, under ordinance No. 24 of 25-07-2019, allowed all shops and commercial establishments to remain open 365 days a year, provided that the following guidelines are respected:
- Employee working hours should be limited to 8 hours per day and 48 hours per week
- Overtime administration to be kept separate in the payroll
- The weekly holidays as specified in Form XXIV store notice of weekly holiday must be assigned in rotation to all employees according to the list provided and displayed at the entrance Form XXIV store notice of weekly holiday
- The exemption granted will be canceled if an employee is caught taking his weekly free time or working overtime without the dashes of overtime
- The shops can remain open from 9:00 to 23:00
- There should be a transport service for employees who work after 20:30, and a notice of this (both in English and Telegu) should be displayed at the main entrance
- The appointment letter should be delivered to all employees, and the related documentation should be kept for future inspection
- Violation of any of the above conditions or any other provision of applicable labor law will result in the cancellation of the waiver