FREQUENTLY ASKED QUESTIONS

A.P SHOPS & ESTABLISHMENT, ACT, 1988.


1) Who has to apply for Registration under APSE, Act?

Ans) Every employer and owner of a shop & establishment shall apply for employment of registration of his shops/Establishment irrespective of business any person within 30 days of commencement of his/her.


 

2) Whether the Registration certificate requires to be renewal if so at what intervals?

Ans) Every registration certificate must be renewed before 30 days of expiry of the year i.e., by 1st December of every year.


 

3) What is the procedure for applying for registration & Renewal ?

Ans: Registration: The application for registration shall be sent in from –I along with prescribed fee based on the no. of employees (Scheduled-I)

Renewal: The application for renewal shall be sent in form-III along with prescribed fee as per scheduled-I before 1 December.

Last submission for Renewals: (a) Application submitted on or after 2nd December and up to 31st December @25% of fee prescribed.

(b) Application submitted on or after 1st January @ 50% of the fee prescribed.


 

4) What is the Mode of payment of fee ?

Ans: a) Through E-Seva at Hyderabad (TCs) & Vishakhapatnam

b) Through bank challan at the respective branches of SBH/SBI under government treasury under the following head of A/c.

0230 - Labour & Employment.

101 - Receipts under labour Laws.

01 - Other Receipts

DDO Code: Respective office jurisdiction.


 

5) What are the obligations on the employer in implementation of the Act?

a) No shop owner should open his shop before 8:30AM & after 8:30PM.

b) Every Shop with or without employees shall invariably close the shop on all the weekly holidays i.e., Sunday & other notified national & festival holidays.

c) Every employee must be allowed to avail weekly holiday for every period of seven days.

d) No employee shall be allowed to work more than 8 hours in any day & 48 hours in a week without making payment of overtime wages.

e) Every employee shall be issued letter of appointment in form No. XXVI & maintained the registers prescribed i.e.,

1) Register of Employment in form No. XXII.

2) Register of wages in form no. XXIII

3) Register of Leave in form no. XXV.

4) Register of Advance of Wage in form no. XII and bond visit book and others as applicable.

f) Every employer having 10 or more employees shall sent a periodical return in form no. XXVII for the month ending March, June, September & December of every year.

g) Every employer is required to furnish the information or document to the inspector notified under the Act on demand.

h) No person who has not completed his 14 years of age shall be required or allowed to work in any Shop & Establishment.

i) Special Provisions to Women’s Employees :-

I) No women employee shall be required or allowed to work in any shop & establishment before 6:00 Am & after 8:30 PM.

II) Every women employee in entitled for paid leave for six weeks immediately proceeding the date of delivery and six weeks after the date of delivery.

j) Leaves:-

i) The Employee who has served for a period of 240 days or more is entitled for 15 days of leave with wages, 12 days casual leaves and 12 days sick leaves and such leave with wages may be accumulated up to a minimum of 60 days.

k) Every employer is responsible for payment of all wages and sums required to be paid under this Act and monthly wages shall be paid by 5th of every month.

l) No employer shall without a reasonable cause, terminate the service of an employee who has been in his employment continuously for a period of not less than 6 months without giving such employees at least one months notice.

m) Every termination of employment shall be made in writing.

n) Every employee who has served in any establishment for a period of not less than one year shall subscribe to the insurance scheme or insurance saving scheme.


 

6) What are the rights & privileges of the employees under the Act ?

a) Every employee is entitled to receive the wages for the period of work rendered to the employees.

b) Every employee is entitled for 15 days leave with wages, 12 days casual leave and 12 days sick leave.

c) Every employee is entitled for the overtime wages worked beyond the normal working hours i.e., 8 hours at the rate double the average wages earned.

d) Every employee is entitled weekly holiday with wages and also Notional/Festival Holidays notified from time to time.

e) Any employee who has been in his employment continuously for the period of not less than one year, shall be eligible for service compensation @ 15 days of average wages of each year.

f) Every employee is eligible for encashment of the leave with wages for a period of 8 days in every year.

g) Every employee is entitled for a special casual leave for 6 days only once during his entire service, if he/she has undergone vasectomy or tubectomy operation on production of certificate.




 
7) What are the remedies available in the Act to get relief in certain cases like nonpayment of wages, deduction of wages, and nonpayment of service compensation?

Ans:- An authority is notified U/s 50 of the APSE, Act. He is the authority to hear & decide the above claims i.e., Asst. commissioner of Labour concerned.


 

8) What are the remedy when an employee is terminated illegally and relief of reinstatement is sought for?

Ans:- Notified authority U/s 48(1) of APSE, Act ( the Asst. Commissioner of Labour concerned ) hear and decide the above grievances/issues.


 

9) Any appellate authority is available under the Act to make appeals on the orders of the authorities U/s 48 and 50 of the Act?

Ans:- Yes a) the notified authority U/s 53 of the Act ( Dy. Commissioner of Labour/Jt. Commissioner of Labour concerned) on the orders of the authority U/s 50 of the Act.

b) Appellate authority on the orders of the authority U/s 48(3) of the Act i.e., Dy. Commissioner of Labour/Jt. Commissioner of Labour concerned.


 

10) What are the consequences if the employer contravenes any provision of the sections & rules of the APSE, Act & rules?

Ans:- Any Employer who contravenes the provisions of the Act shall be punishable for 1st offence with fine up to Rs. 100/-, for 2nd offence with fine not less than Rs. 250/- but which may extends up to Rs. 500/- & for 3rd or subsequent offences with imprisonment for a term which may extends to 3 months and with fine shall not be less than Rs. 500/- which may be extended to Rs. 1000/-


 

11) What are the consequences of obstructing an inspector on duty?

Ans:- Imprisonment for 3 months.



12) Who are the inspectors for the implementation of the Act?

Ans:- All Labour Department officials from the rank of Asst. Labour Officers are notified inspectors in their respective jurisdiction for the implementation of the Act.

I) Jurisdictions officers’ wise, fixation of local limits, notification specifically to be incorporated.

II) DDO code Nos.



13) Where the Trial of offences for contraventions the provisions of the Act?

Ans:- Second class magistrate and above shall try any offence under this Act.

6 comments:

siva said...

Sir, for which kind of shop does act ap shop and establishment act 1988
applicable

Koppisetti Sivakumar said...

Hi Sir

i have small doubt we recently kept new branch office in visakhapatnam on may,15 still now we didn't register the labour lience. If any problems will get, please give me an advice.

Raghu nath said...

Need more details regarding manpower, nature of activity and Type of Business etc.

CA Sridhar said...

Is it necessary for Professional (Practicing Chartered Accountant) who works from a Chamber at home to register under this act?

CA Sridhar said...

Is it necessary for Professional (Practicing Chartered Accountant) who works from a Chamber at home to register under this act?

CA Sridhar said...

Is it necessary for Professional (Practicing Chartered Accountant) who works from a Chamber at home to register under this act?

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