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Section 11

The Uttrakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017State Act of Uttarakhand · Act 3 of 2018

(1) Every worker shall be allowed a weekly holiday with wages;

Provided that the State Government may appoint different days for different rates or areas of the shops and establishments as a weekly vacation by the notification.

(2) Every worker shall be entitled to eight days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis.

(3) Every worker who has worked for a period of two hundred and forty days or more in shop or an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.

(4) Every worker shall be permitted to accumulate earned leave upto a maximum of forty-five days.

(5) Where the employer refuses to sanction the leave due when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty-five days:

Provided that, if a worker is entitled to leave other than causal and festival leave discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.

(6) A worker shall be entitled to 8 paid festival holidays in a calendar - 8 - year, namely, 26th January, 1st May, 15th August and 2nd October and 5 such other festival holidays as may be agreed to between the employer.

(7) For the purpose of sub-section (3),—

(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946;

(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;

(c) the leave earned in the year prior to that in which the leave is availed; or

(d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment, shall be deemed to be days on which the worker has worked in anyshop or establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.

(8) The leave admissible under sub-section (3) shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.

Chapter-5 Welfare Provisions Drinking water 12. The employer shall make effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed in the shop or establishment, a sufficient supply of wholesome drinking water.

Latrines and urinals

13. The employer shall provide sufficient latrine and urinal for men and women as may be prescribed and these shall be so conveniently situated as may be accessible for the workers employed in the shop or establishment :

Provided that, several employers may provide common facilities of latrines and urinals, in case it is not possible, in shop or establishment due to constraint in space or otherwise.

Children’s home facility

14. In every shop or establishment wherein fifty or more workers are employed, there shall be provided and maintained a suitable room or rooms as children’s home for the use of children of such workers :

Provided that, if a group of shop or establishments, so - 9 - decide to provide a common children’s home within a radius of one kilometer, then, the same shall be permitted by the Chief Facilitator, subject to such conditions as may be specified in the order.

First-aid 15 Every employer shall provide at the place of work first-aid facilities as may be prescribed.

Cafeteria 16. The State Government shall require the employer to provide and maintain in the establishment, wherein not less than one hundred workers are employed or ordinarily employed to maintain a canteen for the use of its workers :

Provided that, if a group of establishments, so decide to provide a common canteen, then the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order.

Chapter -6 Facilitator and their powers and duties Appointment of Chief Facilitator and Facilitators and their powers

Where this provision sits

ActThe Uttrakhand Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
Section11
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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