(1) In no hotel, restaurant, eating house or date shall the hour of closing be later than eleven o’clock post meridiem.
(2) No person employed in an establishment shall be required or permitted to work in such establishment for more than eight hours and a half in any one day or for more than forty-eight hours in any one week or after the hour of closing of such establishment:
Provided that a person employed in an establishment may be required or permitted to work overtime in such establishment so, however, that –
(i) the total number of hours of his working including overtime work shall not exceed ten hours in any one day, and
(ii) the total number of hours worked overtime by him shall not exceed one hundred and twenty hours in any one year.
(3) No person employed in an establishment shall be required or permitted to work in such establishment for more than six hours in any one day unless he has been allowed an interval for rest of at least one hour during that day.
(4) The periods of work and intervals for rest of every person employed in an establishment shall be arranged by the employer of such person so that together they do not extend over more than ten hours and a half in any one day.
Special provisions for young persons
8. Notwithstanding anything contained elsewhere in this Act, -
(a) No young person employed in a shop or an establishment shall be required or permitted to work in such shop or establishment for more than seven hours in any one day or for more than forty hours in any one week; and
(b) the periods of work of young persons in a shop or an establishment during each day shall be so fixed that no such person shall work for more than four hours before he has had an interval for rest of at least one hour.
Benefits Admissible under other law to young persons 9[8A. Notwithstanding anything contained elsewhere in this Act benefits admissible to a young person under any other law for the time being in-force shall also be enjoyed by a young person under this Act in addition to, and not in derogation of, the benefits provided under this Act.]
Restriction on employment of children.
9. No child who has not completed the age of twelve years shall be employed in any shop or establishment.
Restriction on employment of young persons or woman.
1010. No young person shall be required or permitted to work in any shop or establishment after eight o’clock post meridiem and no woman shall be restricted to work in any shift, in any shop or establishment, on any day of a week;
Provided that no woman shall be required or permitted to work in any shop or establishment after eight o’clock post meridiem to before six o’clock ante meridiem, without obtaining the written consent of that woman and the shopkeeper or the employer of such shop or establishment has ensured the adequate provision of shelter, rest room, night crèche, ladies’ toilet, adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the shop or establishment to the door step of residence.
9. Ins. by 2nd Amendment of 1989 (w.e.f. 02.01.1989)
10. Ins. by 6th Amendment of 2024 (w.e.f.10.03.2025) 6 Leave Bengal Act VI of 1914,
11. A person employed in a shop or an establishment, after shall be entitled-
(a) for every completed year of continuous service, to privilege leave on full pay for fifteen days,
(b) in every year, 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 being in force,
(c) in every year, to casual leave on full pay for twelve days: Provided that –
(i) an employee who has completed a period of four months in continuous, employment, shall be entitled to not less than five days privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that–
(i) Privilege leave admissible under clause(a) may be accumulated up to a maximum of not more than 11[fifty-six days];
(ii) Sick leave admissible under clause (b) may be accumulated up to a maximum of not more than 12[one hundred and twelve days]; and
(iii) Casual leave admissible under clause(c) shall not be accumulated.
Explanation: - In calculating any leave due under this Act, employment in any shop or establishment before the application of this Act shall be taken into account.
Person employed to be entitled to wages for the period of privilege eave in case of termination of service
12. Any person employed in a shop or an establishment whose service 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.
Wages for overtime work
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 13[at the rate of 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.
Explanation: - For the purpose of this section ‘over time work’ shall include any work done on any day declared by notification by the Administration to be a National holiday.
11. Subs .by 2nd Amendment of 1989(w.e.f.02.01.1989)
12. Subs. by 2nd Amendment of 1989(w.e.f.02.01.1989)
13. Subs. by 2nd Amendment of 1989(w.e.f.02.01.1989) 7 Payment and recovery of wages