Did you know form 12 is the form where opening and closing hours are normally uniform in the prescribed format which is required by all the employers?
Before you consider starting your own business, store, or organisation, there are three critical factors to consider. The first step is to raise funds for the firm; the second is to choose the correct location; and the third is to hire the right people to fill the employment requirements.
Fortunately, when it comes to employee recruitment, every organisation has a precise plan in place to optimise employee potential.
These retailers, enterprises, and organisations, on the other hand, appear to be inconsistent in their vows when it comes to the well-being of their employees. Extended working hours, no overtime compensation, working seven days a week, and other issues were on the employee's mind.
Following the events detailed above, the Rajasthan Shops and Commercial Establishments Act was adopted in 1958 to consolidate and change the law controlling work conditions and employment in Rajasthan's shops and commercial establishments.
The major goal of the Rajasthan shops and business establishment Act is to defend employees' rights in regards to certain government rules and compliances that must be followed throughout the year.
Table of contents
- Registration Certificate Form and Method of Establishment Registration
- Notice of change
- Employees' Rights
- Employment Agreement
- What procedures may an employee take to reclaim unpaid wages?
- Registration Process related to Establishments
- In India, how is overtime calculated?
- Procedure for receiving maternity benefits
Registration Certificate Form and Method of Establishment Registration
On receipt of the statement and fees, the Inspector shall, if satisfied that the statement is correct, register the establishment in the appropriate part of the Register of establishments in Form No. 2 and provide a registration certificate to the Establishment's employer in Form No. 3 of rajasthan form 12 ordinarily.
Every certificate issued or renewed under this chapter is valid until December 31st of the year in which it was issued and is renewable for up to five years:
Provided, however, that at the employer's discretion, a one-time renewal of the shop or business may be permitted on payment of fees equal to ten times the prescribed annual price, rajasthan form 12 ordinarily.
If the employer of such a business fails to submit the return by the necessary date, a fee equal to twice the fee provided for submission of the return by an establishment under clauses (1) and (2) of rule 3 would be levied, rajasthan form 12 ordinarily.
Notice of change
Any change in any information contained in a certificate holder's statement must be reported in Form No. 4.
The fee for amending the Certificate or issuing a new registration certificate as a result of such change shall be the difference in amount, if any, between the fee already paid and the fee that would have been payable if the certificate had been issued in the amended or revised form at the time it was first issued, rajasthan form 12 ordinarily.
Shops Any location where commerce or business operations are conducted is considered a shop. It also has offices, storerooms, godowns, and warehouses, as well as services provided to consumers.
Shops can be utilised in connection with such trade activities, but they do not include a commercial enterprise adjacent to a factory where the shop employees are entitled to the same benefits as factory workers under the Factories Act 1948, rajasthan form 12 ordinarily.
Employees' Rights
Employees have several essential duties and privileges during the course of their job. These fundamental rights are proportional to an employer's obligation to provide a comfortable and employee-friendly environment.
These rights protect employees against discrimination based on their age, gender, race, or religion, protect their interests, and give them the right to privacy and a fair wage, rajasthan form 12 ordinarily.
Employees' interests are protected by many provisions in Indian employment laws, some of which are not applicable to all employees working in different sectors. For example, there are no particular rules governing the rights and obligations of private-sector employees, rajasthan form 12 ordinarily.
Employment Agreement
An employment agreement is a written document that describes the terms and conditions of employment as well as the employer's and employee's rights and responsibilities. Before starting work, every employee is entitled to a written employment agreement signed by the employer, rajasthan form 12 ordinarily.
A well-written agreement drafted by a labour lawyer can prevent any unanticipated conflict between the employer and the employee because the legal course to be taken to resolve any issue is already specified in the employee's agreement, rajasthan form 12 ordinarily.
In most cases, if an employee's sick absence lasts longer than two days, he or she must provide a medical certificate. This is determined by the HR policies of the organisation. You'll need to hire a labour lawyer to draft your company's leave policy, rajasthan form 12 ordinarily.
Employees are entitled to get their salary on time at the end of each month. An employer is responsible for paying an employee's wage after making the necessary deductions such as TDS, provident fund, and so on. An employee can hire a labour lawyer to file a lawsuit against the company for failing to pay a salary, rajasthan form 12 ordinarily.
Maternity Benefit
A female employee is entitled to 26 weeks of maternity/pregnancy leave, which she can take throughout her pregnancy and/or after giving birth. In India, the Maternity Benefit Act of 2017 protects the interests of employers who employ pregnant or lactating women.
Maternity leave can also be taken in the event of pregnancy difficulties, such as early birth, miscarriage, or medical termination, rajasthan form 12 ordinarily. In India, several private companies offer paternity leave to male employees, allowing them to care for their newborn kid, rajasthan form 12 ordinarily.
Gratuity is a retirement payment paid to an employee at the time of retirement, termination, resignation, or death under the Payment of Gratuity Act, 1972, rajasthan form 12 ordinarily. It is given to employees who have completed at least 5 years of continuous service to the organisation as a token of appreciation, rajasthan form 12 ordinarily.
If the employer fails to pay the employee's gratuity, employment lawyers might be called to take appropriate legal action, rajasthan form 12 ordinarily.
Employees' Provident Funds & Miscellaneous Provisions Act, 1952, allows employees to keep a portion of their salary invested in EPF, which is directly remitted by the employer into PF accounts, rajasthan form 12 ordinarily. The Employees Provident Fund Organization keeps track of employer and employee contributions (EPFO).
Notice Period: If an employer chooses to terminate an employee's employment, the employee must be given notice in order to prepare for the termination. An employer is not allowed to fire an employee without providing them notice, rajasthan form 12 ordinarily.
If an employee is fired without cause and without notice, the employee can speak with a labour lawyer about filing a wrongful termination of employment complaint against the employer, rajasthan form 12 ordinarily.
Protection against Sexual Harassment
It is the employer's responsibility to ensure that all employees, particularly women employees, are free from harassment. Any sexual harassment event involving an employee must be addressed quickly, rajasthan form 12 ordinarily.
The employer must develop a policy forbidding sexual harassment in the workplace and a redressal committee to handle any cases of sexual harassment in the workplace, rajasthan form 12 ordinarily.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act of 2013 allows a woman to submit a complaint against sexual harassment at work. An employee might also hire an employment lawyer to launch a sexual harassment action in labour court, rajasthan form 12 ordinarily.
Non-payment of wage is a highly widespread practise in India for companies to their employees, especially when sacking employees, because few employees are aware of their rights under the Indian Constitution and regulations, rajasthan form 12 ordinarily. Employers believe that their employees lack legal expertise or resources to initiate a lawsuit against them, rajasthan form 12 ordinarily.
However, the reality is that an employee can accomplish a variety of tasks. Multiple legal remedies exist to protect employee rights, including claiming unpaid compensation and interest, rajasthan form 12 ordinarily. This article describes how an employee can reclaim an underpaid wage from an employer and the actions that must be performed, rajasthan form 12 ordinarily.
What procedures may an employee take to reclaim unpaid wages?
Approach the Labour Commissioner
The employee might go to the labour commissioner and complain about the situation. It is recommended that the complaint be accompanied by a copy of the legal notification delivered to the employer, an employment contract, and a bank statement, rajasthan form 12 ordinarily. The job of the labour commissioner is to settle disputes between the employer and the employee, rajasthan form 12 ordinarily.
Contact the Labor Court
If the labour commissioner is unable to find a solution, the employee may file a complaint with the labour court. The Industrial Disputes Act of 1947 can be used to bring this lawsuit. This litigation, however, must be brought within one year of the day the wage is due. The Labour Court has three months to rule on the case, rajasthan form 12 ordinarily.
The Labour Court sets a deadline that must be met without any extensions. When the Presiding Officer of a particular Labour Court thinks it expedient or necessary, the time frame is roughly three months, rajasthan form 12 ordinarily. The Presiding Officer has the authority to extend the time limit for specific reasons in writing, rajasthan form 12 ordinarily. The Labour Court will also investigate whether the employer has received legal notice of the delayed payment of provident fund, rajasthan form 12 ordinarily.
Contact a civil court
Employees in executive or managerial positions can sue in civil court for non-payment of wages under the provisions of the Civil Procedure Code, 1908. However, it is recommended that this not be the initial course of action taken by the employee.
Inclusion in the NCLT
Employees are considered operational creditors under the 2016 Insolvency and Bankruptcy Code. As a result, an application for unpaid pay recovery might be filed with the NCLT. Certain requirements must, however, be met in order to apply to the IBC, rajasthan form 12 ordinarily.
The NCLT must accept or reject this application within 14 days. Within 180 days, the entire corporate insolvency resolution process must be completed. The NCLT, however, has the authority to extend this period by another 90 days, rajasthan form 12 ordinarily.
The employer and the management of the establishment where the employee worked must consider the legal notice to an employer for non-payment of salary seriously.
Payment due notices can be sent to the management, the person in control of the location, or the board of directors of the company where the employee worked. A legal notification to a firm can also be used as evidence in court. In a court of law, such a legal notification sent to a firm will function in favour of the employee, rajasthan form 12 ordinarily.
Legal notice for payment recovery fees may differ from one advocate to the next. As a result, the employee has the option of sending a legal notification to collect payments, rajasthan form 12 ordinarily.
Registration Process related to Establishments
The establishment registration process begins on the day the Act takes effect, which is within 30 days of the establishment starting work.
The inspector will check the statement for accuracy and register the establishment in the Register of Establishments after receiving payment and fees, rajasthan form 12 ordinarily.
The employer will then be given a registration certificate to display publicly in the workplace.
Certificate Renewal
The Inspector has the authority to renew a certificate. Every application for a certificate renewal must be in Form 5 and submitted by the certificate holder within one month of the expiration date of the certificate; if the application is submitted in this manner, the premises will be considered duly certified until the Inspector renews the certificate.
The fee for renewing a certificate is the same as the amount for obtaining it, rajasthan form 12 ordinarily. Provided, however, that if an application for certificate renewal is not received within one month of the certificate's expiration date, the certificate will be renewed only if an additional fee of Re. 1/- is paid in addition to the fee normally charged for grant or renewal of a certificate, rajasthan form 12 ordinarily.
If an application for renewal of a registration certificate is not received by the Inspector within the time specified in the preceding rules, the establishment's registration certificate will be renewed on payment of a fee of 50% for each subsequent three months or part thereof in excess of the fee prescribed for the purpose: Provided, however, that the total amount of such fee shall not exceed the amount chargeable for a one-time renewal of a shop registration certificate.
Certificate Transfer
A certificate holder may ask for permission to transfer his certificate to another individual at any time before the certificate expires.
Such an application must be submitted to the Inspector, who, if he authorises the transfer, will sign an endorsement on the certificate stating that the certificate has been transferred to the individual listed. Each such application would be charged a fee of Rs.50/-, rajasthan form 12 ordinarily.
Procedure in the event of the Certificate holder's death or disability
If the certificate holder dies or becomes insolvent, the person carrying on the certificate holder's business is not liable to any penalty under the Act for exercising the powers granted to the certificate holder by the certificate during a period of 90 days to enable him to make an application for an amendment of the certificate under Rule 6 in his own name for the unexpired portion of the certificate.
Certificate Revocation
If a certificate issued under these rules is lost or destroyed by mistake, a duplicate copy may be issued for a price of rupees 20.
The fees payable under these rules on account of registrations, renewals, transfer certificates, and loss of certificates shall be paid in the office of the Inspector, Shops and Commercial Establishments of the area, rajasthan form 12 ordinarily.
If an application for the award, renewal, or revision of a certificate is denied by an Inspector, the applicant may appeal to the Rajasthan Labour Commissioner or another body designated by the Labour Commissioner.
The cash equivalent of the benefit accruing from the concessional sale of food grain and other articles to workers shall be computed using index numbers notified by the Director of Economics and Statistics, Rajasthan, from time to time, or commodity prices notified by the Government in the Rajasthan Gazette, rajasthan form 12 ordinarily.
Before passing orders establishing store opening and closing hours, the government should conduct an investigation, rajasthan form 12 ordinarily.
The Government shall conduct an investigation as specified in this rule under subsection (2) of section 11.
The Government must give notice of its intention to issue an order under section 11 subsection (1) before doing so. Unless a copy of the proposed order is affixed to it, the notification shall be in Form No. 6 and shall indicate the region and the shop or shops or class or classes of shops to which the order shall apply, as well as the proposed hours of opening or closing, or both.
The notice must also say that any objections or comments regarding the orders may be forwarded to the officer named in the notice within one month of the notice's date, rajasthan form 12 ordinarily.
The copies of the notice shall be posted in such public locations as the Government deems appropriate in the area to which the order is to be applied, rajasthan form 12 ordinarily.
Copies of the notification will be given to the local authority in charge of the region, as well as any associations, trade unions, or other organisations that the government deems appropriate. The notification must also appear in at least one publication with a circulation in that area, rajasthan form 12 ordinarily.
Before adopting the order under subsection (1) of section 11, the Government shall examine any objections and suggestions received under sub-rule (2).
Register for Wages
The employer must keep a Leave with Wages Register in Form No. 8 (hence referred to as the Leave with Wages Register).
The Leave with Wages Register must be kept for three years after the final entry and must be produced before the Inspector upon demand.
The employer must post the leave earned by an individual employee on the notice board in the first month of each year for his or her knowledge. The employer must also make the leave register available for examination to an employee who requests it and submits an application for it within 72 hours of making the request.
Certificate of health
If a worker is absent from work and it appears that his absence is due to illness, he must submit a medical certificate signed by a registered Medical Practitioner or a registered or recognised Vaid or Hakim stating the reason for the absence and the period for which the worker is unable to attend work in the opinion of such Medical Practitioner, Vaid or Hakim, if so required by his employer by written notice.
Maternity benefit amount
The payment under section 17 is calculated at 7/12 of the average daily earnings or twelve annas per day, whichever is higher.
If a woman dies while pregnant, the maternity benefit will only be paid for the days leading up to and including the day of her death, rajasthan form 12 ordinarily.
What are the standard work hours and overtime?
Overtime is the amount of time an employee has worked outside of their regular working hours. An employee in India is required to work 8-9 hours per day, or 48-50 hours per week, under overtime rules and policies that define work hours.
According to Indian labour rules, any employee who works more than the stipulated working hours is entitled to overtime pay for the time spent working outside of those hours.
To learn about your company's overtime rules, speak with human resources or consult an employment lawyer to learn who is legally entitled to extra compensation in India, rajasthan form 12 ordinarily.
In India, how is overtime calculated?
When it comes to overtime requirements in the private sector in India, the Indian employment laws and labour laws are still vague. Employees in the private sector are frequently required to work longer hours without being compensated for their efforts.
The demonetization period in India is one among the most well-known examples. When more than 10,000 bank employees in both private and public sector banking organisations were required to work past their normal working hours without receiving overtime pay, rajasthan form 12 ordinarily.
In the private sector, the employer specifies working hours and timings in the company's HR policies, which are developed in compliance with India's overtime standards and processes.
The company's overtime policy must include the reporting time and working hours for all employees, as well as leave and holiday provisions. The company's policy on remuneration for extra time worked must also be included in the HR policy.
The employee must choose to work overtime voluntarily rather than being forced to do so by an involuntary or falsely signed agreement, rajasthan form 12 ordinarily.
Before approving overtime for an employee, the employer must evaluate certain conditions, such as any unexpected or unanticipated increase in work or demand, or whether the employee willingly desires to work overtime to boost their productivity.
In order to do so, the employer must have an overtime approval policy in place that spells out the parameters under which overtime can be allowed.
Every employer is expected to keep an overtime attendance register that lists the names of employees who work outside of normal working hours as well as any remuneration due.
With the growing number of MNCs and BPOs in India, working hours at an MNC in India have been extended to include night shifts, where employees must work according to the working hours of the parent company's country. In India, however, there are no particular rules governing night shifts.
Employees in the white-collar sector and at managerial levels rarely ask for overtime compensation, despite the fact that they are legally entitled to it under Indian labour rules. However, if the company does not establish an overtime policy, there is a risk of future employment problems.
For overtime calculation in India, it is critical for an employer to have a corporate overtime policy and employment agreement prepared. To avoid any unwanted disagreements regarding overtime regulations and laws, you should choose a qualified employment lawyer, rajasthan form 12 ordinarily.
India's Dual Employment Law
There is no explicit provision in Indian employment law that addresses the legality of dual work in India. Section 60 of the Factories Act of 1948 addresses the prohibition of double employment in India for factory workers. No adult worker is authorised to work in a factory if they are currently employed in another workplace, according to the regulation.
The regulation, however, does not apply to all institutions because not every organisation is defined as a factory under the Factories Act of 1948. Organizations that are not governed by the Factories Act must include a dual employment clause in the appointment letter, employee's agreement, or offer letter to specify the requirement relating to double work.
The employment agreement must state what restrictions have been set on double employment and that the employee is banned from taking on other work or professions until they are no longer employed by their current company. This indicates that an employee cannot work two jobs at the same time, rajasthan form 12 ordinarily.
Furthermore, the different state-by-state Shop and Establishment Acts, which apply to institutions not covered by the Factories Act, contain regulations governing dual employment in the same institution in India. The Delhi Shops and Establishment Act, for example, says that an employee cannot operate in an establishment or factory after their legitimate employment time has expired.
Double employment is defined differently under Indian employment rules for shops and establishments, as they govern an employee's job in the same establishment after working hours. Employees can be prevented from working two jobs by using the Factories Act and Shops and Establishment legislation.
A workman cannot work against the interests of an industrial establishment by obtaining dual employment in addition to their existing position, according to Section 8 of Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946, rajasthan form 12 ordinarily.
Different Indian courts have also concluded that termination of employment statutes in India, which specify that an employee who works two jobs must be terminated, are lawful because working two jobs reduces a person's efficiency and productivity and causes them to fail to give their job their all.
In 2016, the Punjab and Haryana High Court ruled that terminating the employment of a driver who was working two jobs was perfectly legal. In 2012, the Madras High Court upheld the termination of a Grade III operator after he was discovered to be a director of another company.
To determine the legitimacy of an employee termination policy based on such reasons, the courts must consider each facet of dual employment separately, rajasthan form 12 ordinarily.
In India, the punishment for dual work is not clearly defined in the dual employment statute. It can be established from several judicial rulings that the implications of dual employment in India include the termination of the employee who has dual occupations, rajasthan form 12 ordinarily.
Clause of Moonlighting
Employers must take steps to preserve the company's interests and guarantee that employees devote their whole attention and energy to their current position. The Moonlighting Clause is one such precaution adopted by companies.
A moonlighting clause is a negative covenant that prohibits an employee from working two jobs. As a result, choosing another job while employed by another employer is prohibited. Moonlighting simply means doing a second job during your regular working hours, rajasthan form 12 ordinarily.
It is included in the employment contract in order for employees to work efficiently and solely on their current job. The moonlighting clause must be added and signed with both the employer and the employee's consent, rajasthan form 12 ordinarily.
The employer must ensure that dual employment is specifically included in the employment agreement as a reason for termination. An experienced employment lawyer should design the employer's HR policy, which should expressly mention the company's position on multiple employment and its dual employment policy.
Procedure for receiving maternity benefits
Any pregnant woman employed in an establishment who is entitled to maternity benefit under the Act and these rules may give notice to her employer in writing or orally on any day stating that she expects to be confined within six weeks next following and that her maternity benefit may be paid to her, and that she will not work during the period for which she received maternity benefit.
The company must then allow the woman to leave the workplace the next day until six weeks after her birth, rajasthan form 12 ordinarily.
Employers must pay maternity benefits to women who are entitled to them after considering their wishes in one of three ways:
(i) for six weeks following the production of a certificate signed by a registered Medical Practitioner certifying that the woman is expected to be confined within six weeks following the production of a certified extract from a birth register stating that the woman has given birth to a child.
For the remainder of the total period for which she is entitled to maternity benefit under section 26 following the production of a certified extract from a birth register stating that the woman has given birth to a child, or
(ii) throughout the full period for which the mother is eligible to maternity benefit under section 26 within 48 hours of her delivery or certified extract from birth registration stating that she has given birth to a child:
Provided, however, that no woman shall be entitled to any maternity benefit or portion thereof based on the creation of a certified extract from a birth registry under this regulation unless the extract is generated within six months of the date of her delivery.
Payment of maternity benefits in the event of the death of the mother
If a woman who is entitled to maternity benefit under the Act dies during the period for which she is entitled, the employer must pay the amount of maternity benefit due to the person who takes care of the child's case if the child survives her, and to her legal representative if the child does not survive her.
Forfeiture of maternity benefit
If a woman works in any institution after her employer has given her permission to take time off under section 26, she forfeits her right to receive the maternity benefit to which she is entitled, rajasthan form 12 ordinarily.
Examination of the premises
An Inspector conducting an examination under section 30 shall examine the premises and the registers, records, and notices as may appear to him necessary to satisfy himself that the provisions of the Act.
These rules, and any orders or notifications issued thereunder are being properly observed, and shall require the employer or any of his representatives present at the premises to accompany him at the time of inspection.
The Inspector in charge of the examinations may question as many people as he thinks are necessary on the grounds of the Shop or Commercial Establishment:
Provided, however, that no such person shall be obliged to respond to any query that could lead to his incrimination under this regulation.
An Inspector may request an employer to obtain a certificate of age in Form No. 10 from a qualified medical practitioner for any employee whose age he has grounds to suspect.
Maintaining registers and records, as well as posting notices
Every employer must keep a record of employment in Form No. 11; however, if the opening and closing hours are normally consistent, the employer may keep a record in Form No. 12.
Regardless of sub-rule (1), an employer may display in his institution a notice describing the daily hours to be worked by and intervals for rest and meals to be allowed to the persons employed, rather than keeping a register as required by the aforementioned sub-rule.
The notice must be in Form No. 13 and must be shown no later than the close of business on the Saturday preceding the first week in which the work hours are to be as described in the notice. It will remain on display as long as the hours of work indicated in it are adhered to.
When an employer displays the notification referred to in sub-rule (2), he must keep a work record in Form No. 14.
Every employer must post a notice in Form No. 15 in his workplace specifying the day or days of the week on which his employees will be awarded vacation. The notice must be shown before the people to whom it applies stop working on the Saturday before the first week in which it is to take effect.
Every employer must post a notice in his workplace stating such extracts of the Act and these regulations in English and/or Hindi as the Government may require.
Any notice needed to be displayed under these rules must be displayed in such a way that anybody who it affects can easily see and read it, and it must be reissued if it becomes defaced or otherwise ceases to be plainly legible.
Entries relating to any day must be made on the same day in any register or record that an employer is required to keep under these regulations.
Any calendar year's registers, records, and notices must be kept until the end of the following calendar year.
If the Local Authority or Government, as the case may be, is satisfied that an employer's muster roll, register, or record gives in respect of all or any of the persons employed in his establishment the particulars required to be shown in any register, record, or notice or prescribed under this rule, the Local Authority or Government, as the case may be, may by an order in writing direct that such muster roll, register, or record be destroyed.
Except as provided in sub-rule (5), all registers, records, muster rolls, and notices needed to be kept, shown, or delivered under the regulation must be kept in English, Hindi, or the script in which the account books of the Shops or Commercial Establishments are kept.
Every employer shall keep a visit book in which an Inspector inspecting the Establishment may enter his notes on any flaws discovered during his inspection, and shall produce it whenever an Inspector requests it.
Cleanliness
All the inside walls, ceilings, and lops of such rooms (whether such walls, ceilings, and tops are to be plastered or not) and all the passages and stair cases in every establishment shall be lime washed or colour washed at least once every two years dating from the time they were last lime washed or colour washed, and shall be kept in a clear state.
No garbage, filth, or debris must be allowed to accumulate or remain on any premises in any Establishment in such a way that effluvia from the same can enter the Establishment. Filth and other decomposing materials must be disposed of in covered containers.
The area around the location where employees receive drinking water must be kept clean and properly drained.
Precautions against fire
No one shall smoke or use a naked light in the immediate vicinity of any inflammable material in any establishment, nor cause or permit any such light to be used.
No order of dismissal or discharge for misconduct shall be made unless and until the employee concerned has been informed in writing of the misbehaviour charged against him and has been given a reasonable opportunity to be heard on the matter.
Section 28-A
Within thirty days of the date on which his employer has communicated the order of dismissal or discharge to him in writing, any employee aggrieved by an order of dismissal or discharge under sub-section (1) of section 28-A may file a complaint with the prescribed authority, either directly or through an agent.
The complaint must be presented in the form of a memorandum in duplicate, describing succinctly the grounds for opposition to the order being challenged. The memorandum must be accompanied by an affidavit signed before a Magistrate of the First Class attesting that the contents of the memorandum are truthful to the best of the complainant's knowledge and belief.
Every such memoranda must be stamped with a court charge of Rs. 5/-. The designated authority hearing the complaint shall issue a notice requiring the employer to appear before him, either personally or through an agent, at a set time, with all relevant papers and witnesses, if any, and shall notify the complainant of the time.
If the employer or his representative fails to appear before the prescribed authority, the complaint may be heard and decided ex parte.
If the complainant fails to appear before the statutory authority by the deadline, the complaint may be dismissed.
An order passed under sub-rule (5) or (6) may be set aside by the specified authority on good and sufficient cause being proved and the complaint reheard upon an application made within 30 days of the order's passing and only after notice to the opposing party.
The prescribed authority shall take a concise record of the material presented before him, hear the parties in closed session, and issue orders after making any additional inquiries he deems necessary. The directions must be notified to the parties as soon as possible.
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Key Takeaways
- On receipt of the statement and fees, the Inspector shall, if satisfied that the statement is correct, register the establishment in the appropriate part of the Register of establishments in Form No. 2 and provide a registration certificate to the Establishment's employer in Form No. 3 of rajasthan form 12 ordinarily.
- The fee for amending the Certificate or issuing a new registration certificate as a result of such change shall be the difference in amount, if any, between the fee already paid and the fee that would have been payable if the certificate had been issued in the amended or revised form at the time it was first issued, rajasthan form 12 ordinarily.
- An employment agreement is a written document that describes the terms and conditions of employment as well as the employer's and employee's rights and responsibilities. Before starting work, every employee is entitled to a written employment agreement signed by the employer
- Employees are entitled to get their salary on time at the end of each month. An employer is responsible for paying an employee's wage after making the necessary deductions such as TDS, provident fund, and so on. An employee can hire a labour lawyer to file a lawsuit against the company for failing to pay a salary.
- Employees' Provident Funds & Miscellaneous Provisions Act, 1952, allows employees to keep a portion of their salary invested in EPF, which is directly remitted by the employer into PF accounts. The Employees Provident Fund Organization keeps track of employer and employee contributions (EPFO).
- It is the employer's responsibility to ensure that all employees, particularly women employees, are free from harassment. Any sexual harassment event involving an employee must be addressed quickly. The employer must develop a policy forbidding sexual harassment in the workplace and a redressal committee to handle any cases of sexual harassment in the workplace.
- It is the employer's responsibility to ensure that all employees, particularly women employees, are free from harassment. Any sexual harassment event involving an employee must be addressed quickly. The employer must develop a policy forbidding sexual harassment in the workplace and a redressal committee to handle any cases of sexual harassment in the workplace.
- Every employer must post a notice in Form No. 15 in his workplace specifying the day or days of the week on which his employees will be awarded vacation. The notice must be shown before the people to whom it applies stop working on the Saturday before the first week in which it is to take effect.
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