Hi All,
Just wanted to confirm which information (1. or 2.) is correct for an ITeS Pvt. Ltd. Co. in West Bengal:
1. Leaves as per Shops and Establishments Act - 1. PL - 14
2. SL - 7
3. CL - 10
Indian Holidays (Diwali, 2nd October, and so on): 10
These are the mandatory leaves that the company may allocate. But if someone works on Indian Holidays, compensatory off can be allocated plus extra pay on the holiday they are working.
2. Leaves as per Shops and Establishments Act - 1. PL - 7
2. SL - 7
3. CL - 7
Indian Holidays (Diwali, 2nd October, 26th Jan): 10
These are the mandatory leaves that the company has to allocate. There is nothing as Compensatory Off as per Shops and Establishments Act.
Please let me know which of these is correct?
Regards,
AP
From India, Kolkata
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2Just wanted to confirm which information (1. or 2.) is correct for an ITeS Pvt. Ltd. Co. in West Bengal:
1. Leaves as per Shops and Establishments Act - 1. PL - 14
2. SL - 7
3. CL - 10
Indian Holidays (Diwali, 2nd October, and so on): 10
These are the mandatory leaves that the company may allocate. But if someone works on Indian Holidays, compensatory off can be allocated plus extra pay on the holiday they are working.
2. Leaves as per Shops and Establishments Act - 1. PL - 7
2. SL - 7
3. CL - 7
Indian Holidays (Diwali, 2nd October, 26th Jan): 10
These are the mandatory leaves that the company has to allocate. There is nothing as Compensatory Off as per Shops and Establishments Act.
Please let me know which of these is correct?
Regards,
AP
From India, Kolkata
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Pl.read the following, with updates if any, extract from the Act -
xxxxx
11. A person employed in a shop or an establishment shall be entitled—
(a) for every completed year of continuous service, to privilege leave
on full pay Tor fourteen days,
in every year, to sick leave on half pay for fourteen days on medical certificate
obtained from a medical practitioner registered under the Bengal Medical Act,
1914, or any other law for the time being in force,
in every year, (o casual leave on full pay for ten days, and in the
case of woman, to maternity leave in accordance with such rules as
may be prescribed:
Provided that—
(i) privilege leave admissible under clause (a) may be accumulated up
to a maximum of not more than twenty-eight days;
'Section SA was instiled by s. 5 of ihe West Bengal Shops and Establishment
486
Person employed lo
bo cm j I Jed
lo wages Tor
ihc period
or privilege
leave in ease
of icnni nation
of service.
Wages for
overtime
work.
Payqieni and
recovery of
wa«es.
The Wesl Bengal Shops and Establishments Act, 1963.
[West Ben. Act
(Sections 12-J 4.)
(ii) sick leave admissible under clause (b) may be accumulated
up to a maximum of rial more than fifty-six days; and (Hi) casual
leave admissible under clause (c) shall not be accumulated.
Explanation.—In calculating any leave due under (his Act, employment in
any shop or establishment before the application of this Act shall be taken into
account.
12. Any person employed in a shop or an establishment whose services are
terminated by or under the orders of the shop-keeper or the employer shall be
entitled to wages for the period of privilege leave due to his credit at the time of
such termination.
13. When any person employed in a shop or an establishment is required
or permitted to work overtime in such shop or establishment, the wages
payable to such person in respect of such overtime work shall be calculated at
'[twice] the ordinary rate of wages payable to him, and such ordinary rate of
wages shall be calculated in such manner as may be prescribed:
Provided that this section shall not operate to the prejudice of any higher
rate of overtime wages granted under any agreement, award, custom or
convention. 1
Explanation.—For the purpose of this section 'overtime work' shall include
any work done on any day declared by ^notification by the Stale Government
to be a National holiday.
14. (I) All wages payable lo a person employed in a shop or an
establishment shall be paid not later than the tenth day of the month
immediately succeeding that in respect of which such wages are payable.
(2) Where any deduction has been made from the wages of any person
employed in a shop or an establishment or any payment of wages lo such
person has not been made within the date referred to in sub-section (1), such
person may, within a period of six months from the date on which the
deduction from the wages was made or from the date referred to ......xxxx
xxx
and see this link...
https://wbshopsonline.in/
From India, Bangalore
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xxxxx
11. A person employed in a shop or an establishment shall be entitled—
(a) for every completed year of continuous service, to privilege leave
on full pay Tor fourteen days,
in every year, to sick leave on half pay for fourteen days on medical certificate
obtained from a medical practitioner registered under the Bengal Medical Act,
1914, or any other law for the time being in force,
in every year, (o casual leave on full pay for ten days, and in the
case of woman, to maternity leave in accordance with such rules as
may be prescribed:
Provided that—
(i) privilege leave admissible under clause (a) may be accumulated up
to a maximum of not more than twenty-eight days;
'Section SA was instiled by s. 5 of ihe West Bengal Shops and Establishment
486
Person employed lo
bo cm j I Jed
lo wages Tor
ihc period
or privilege
leave in ease
of icnni nation
of service.
Wages for
overtime
work.
Payqieni and
recovery of
wa«es.
The Wesl Bengal Shops and Establishments Act, 1963.
[West Ben. Act
(Sections 12-J 4.)
(ii) sick leave admissible under clause (b) may be accumulated
up to a maximum of rial more than fifty-six days; and (Hi) casual
leave admissible under clause (c) shall not be accumulated.
Explanation.—In calculating any leave due under (his Act, employment in
any shop or establishment before the application of this Act shall be taken into
account.
12. Any person employed in a shop or an establishment whose services are
terminated by or under the orders of the shop-keeper or the employer shall be
entitled to wages for the period of privilege leave due to his credit at the time of
such termination.
13. When any person employed in a shop or an establishment is required
or permitted to work overtime in such shop or establishment, the wages
payable to such person in respect of such overtime work shall be calculated at
'[twice] the ordinary rate of wages payable to him, and such ordinary rate of
wages shall be calculated in such manner as may be prescribed:
Provided that this section shall not operate to the prejudice of any higher
rate of overtime wages granted under any agreement, award, custom or
convention. 1
Explanation.—For the purpose of this section 'overtime work' shall include
any work done on any day declared by ^notification by the Stale Government
to be a National holiday.
14. (I) All wages payable lo a person employed in a shop or an
establishment shall be paid not later than the tenth day of the month
immediately succeeding that in respect of which such wages are payable.
(2) Where any deduction has been made from the wages of any person
employed in a shop or an establishment or any payment of wages lo such
person has not been made within the date referred to in sub-section (1), such
person may, within a period of six months from the date on which the
deduction from the wages was made or from the date referred to ......xxxx
xxx
and see this link...
https://wbshopsonline.in/
From India, Bangalore
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Thank you, Kumar, for helping me with this policy. However, I was just wondering how BPOs function in West Bengal. If they provide all Indian Holidays and 31 days (14 PL, 7 SL, and 10 CL), they would probably run out of business. Please let me know if there is a law or rule that makes this possible for BPOs to function.
Thanks and Regards,
AP
From India, Kolkata
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Thanks and Regards,
AP
From India, Kolkata
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect based on the Shops and Establishments Act for West Bengal.
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Dear Anant,
Please see the list of Public Holidays published by the GoWB attached. As you know, only the following are the compulsory public holidays in any year all over India, meaning that other days are left for individual establishments to modify to suit their operations:
1. Republic Day - 26th January
2. Dr. Ambedkar Jayanthi - 14th April
3. Independence Day - 15th August
4. Gandhi Jayanthi - 2nd October
I am really surprised to see various lists of holidays in WB for different purposes/religious reasons, etc. This practice is unique to WB unlike other states. As you know, in India, law breakers thrive compared to law-abiding citizens. This country can bear both of these categories despite an onslaught from all sides; that's the wonder, and we still remain a strong democracy with a reasonably sound economy/growth rate, braving collapses witnessed in other emerging economies, of course, ups and downs seen now and then.
From India, Bangalore
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Please see the list of Public Holidays published by the GoWB attached. As you know, only the following are the compulsory public holidays in any year all over India, meaning that other days are left for individual establishments to modify to suit their operations:
1. Republic Day - 26th January
2. Dr. Ambedkar Jayanthi - 14th April
3. Independence Day - 15th August
4. Gandhi Jayanthi - 2nd October
I am really surprised to see various lists of holidays in WB for different purposes/religious reasons, etc. This practice is unique to WB unlike other states. As you know, in India, law breakers thrive compared to law-abiding citizens. This country can bear both of these categories despite an onslaught from all sides; that's the wonder, and we still remain a strong democracy with a reasonably sound economy/growth rate, braving collapses witnessed in other emerging economies, of course, ups and downs seen now and then.
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. The information provided regarding public holidays and the number of compulsory public holidays is not entirely correct based on labor laws and regulations in West Bengal. Amendment: Please note that the information about compulsory public holidays in West Bengal is not entirely accurate. It's recommended to refer to the specific labor laws and regulations for precise details.
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Hi Kumar, I agree with you to every word of yours. The assistance and direction that you provided is truly commendable. Regards Anant
From India, Kolkata
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From India, Kolkata
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(Fact Check Failed/Partial)-The user reply is incorrect. The correct information regarding leaves for an ITeS Pvt. Ltd. Co. in West Bengal as per the Shops and Establishments Act is: 1. PL - 14 2. SL - 7 3. CL - 10 Indian Holidays: 10 mandatory leaves with compensatory off and extra pay for working on holidays. Please refer to the Shops and Establishments Act for detailed provisions.
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WB Govt. permits shops & estts to keep open on all 7 days in a week, see the attachment.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The user reply is incorrect based on the information provided in the original post regarding leave entitlements and holidays for an ITeS Pvt. Ltd. Co. in West Bengal. The Shops and Establishments Act provisions on leaves and holidays differ from the user's reply.
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Hi, A quick question, what are the compulsory holidays for retails store in Kolkata, West Bengal?
From India, Kolkata
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From India, Kolkata
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(Fact Checked)-The compulsory holidays for retail stores in Kolkata, West Bengal are as per the Shops and Establishments Act, which includes Diwali, 2nd October, and 26th January. Compensatory off may not be mandated by the Act. (1 Acknowledge point)
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List of Holidays Karnatka.pdf
CiteHR.AI
(Fact Checked)-[The user's reply contains relevant information about the entitlement to privilege leave, sick leave, and casual leave under the West Bengal Shops and Establishments Act, 1963. The user accurately mentions the accumulation limits for different types of leave and the provisions for wages during termination and overtime work. The link provided directs to the West Bengal Shops and Establishments Act website for further information.] (1 Acknowledge point)