Introduction
Understanding leave entitlements and working hour rules is crucial for businesses operating under the Gujarat Shops and Establishments Act. This guide simplifies the key provisions for easy compliance and helps both employers and employees stay informed about their rights and responsibilities.
Working Hours under Gujarat Shops and Establishments Act
- Daily Working Hours: No employee shall be required to work more than 9 hours in a day.
- Weekly Working Hours: Maximum 48 hours in a week.
If an employee is required to work beyond these limits, overtime wages must be paid as per the applicable rates.
Spread Over Rule
- The total spread over of working hours, including rest intervals, must not exceed 11 hours in a day.
- In special cases, with prior permission from the Chief Inspector, this limit can be extended to 12 hours.
Weekly Holidays
Every employee is entitled to at least one day off in a week, typically Sunday. If the employee is required to work on this day, a substituted holiday must be given within the same week.
Types of Leave
Employees in Gujarat covered under the Shops and Establishments Act are entitled to the following types of leave:
Earned Leave (EL)
- Entitlement: 21 days for every year of continuous employment.
- Condition: Employee must have worked for at least 240 days in a year.
- Accumulation: Can be carried forward, up to a limit (usually 63 days).
Sick Leave (SL)
- Entitlement: 7 days per year.
- Conditions: Granted in case of illness with or without medical certificate, as per company policy.
Casual Leave (CL)
- Entitlement: 7 days per year.
- Conditions: For urgent or unforeseen matters like personal emergencies or obligations.
Summary Table
| Leave Type | Annual Entitlement | Eligibility Conditions | Notes |
|---|---|---|---|
| Earned Leave | 21 days | After 240 days of work | Accumulable up to 63 days |
| Sick Leave | 7 days | Generally no minimum requirement | Medical proof may be required |
| Casual Leave | 7 days | Based on discretion | Cannot be combined with EL/SL |
Leave Record Maintenance
Employers are required to:
- Maintain leave registers.
- Record all types of leave availed by each employee.
- Provide leave books or digital access to leave records.
These records must be preserved for inspection by labour officers.
Final Thoughts
To remain compliant with the Gujarat Shops and Establishments Act, businesses must follow the statutory norms related to working hours and leave. Regular audits, proper record-keeping, and transparent communication with employees will ensure smooth operations and prevent legal complications.
Employers should also educate employees about their entitlements and update policies as per the latest legal changes to maintain a positive and lawful work environment.
Frequently Asked Questions (FAQs)
Q1. How many hours can an employee work per day in Gujarat under the Shops and Establishments Act?
An employee can work a maximum of 9 hours in a day.
Q2. What is the weekly working hour limit in Gujarat?
The total weekly working hours must not exceed 48 hours.
Q3. Is overtime allowed, and how is it paid?
Yes, if an employee works beyond the daily or weekly limits, overtime must be paid as per applicable rules.
Q4. What is the spread-over limit in Gujarat?
The total spread-over of working hours, including breaks, must not exceed 11 hours in a day (extendable to 12 hours with permission).
Q5. How many types of leave are allowed under Gujarat Shops and Establishments Act?
Employees are entitled to Earned Leave (21 days), Sick Leave (7 days), and Casual Leave (7 days) annually.
Q6. Can leave be carried forward?
Yes, earned leave can be carried forward, usually up to 63 days.
Q7. Are employers required to maintain leave records?
Yes, employers must maintain proper leave registers and make records available for inspection.