Bare ActsThe Sikkim Shops and Commercial Establishment Act,1983

Section 49

Amendment status not verified — confirm the current text below against the official source.

(1) Every person employed in any establishment shall be entitled, after twelve months' continuous service, to holidays with wages for a period of twenty days, in the subsequent period of twelve months, provided that such holdidays with wages may be accumulated upto a maximum period of sixty days. Explanation- For the pu~pose of this sub-section any continuous period of service preceding the date on which this Act applies to any establishment shall also count, subject to a maximum period of twelve months. , (2) Every pers?n employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of his Act, and during every subsequent twel~e '~onths of such' service- (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness, incurred or accident sustaine~ by him; and (b) to casual leave with wages for a peri?d nOr .,xc.,eding 12 days on any reasonable ground. (3) If a person entitled to any holidays under sub-section (I) is discharged by his employer before he has been allowed the holidays, or if having applied for and been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall pay him the amount, payable under this Act in respect of the holidays. Holidays and sick leave. Pay during annual holidays. Power to increase of the number of holi- days. Mode of recovery unpaid wages. 4 of 1936. Responsibility for payment of wages. Fixation of wage period. Wages for overtime work. Gratuity. 12 (4-) If a person entitlt~d to any leave under sub-section (2) is discharge'" by his employer when he is sick or suffering from the result of an accident" (he employer shall pay him the amount payable under this Act in respect of the period of leave to which he was entitled at the time of his discharge, in addition to the amount, if any payable to him under sub-section (3) or under any other provision of this Act. (5) A person employed shall be deemed to have completed a period to twelve months' continous service within the meaning of this section, notwithstan- ding any inter uption in service during those twelve months brought about- (i) by sickness, accident, or authoritised leave (including authorised holidays) not exceeding ninety days in the aggregate for all three; (ii) by a lock-out; or (iii) by a strike which is not an illegal strike j or (iv) by intermittent periods of involuntary umemployment not ex- ceeding thirty days in the aggregate; and authorisec leave shall be deemed not to include any weekly holiday or half-holiday allowed under this Act which occurs at the beginning or end of an interruption brought by the leave. (6) A person employed in a hostel attached to a school or college or in an establishment maintained in a boarding school in connection with the boarding and lod- ging of pupils and residentteachers shall be allowed the privileges referred tq in sub-sections (I) to (5), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be. employed contin- uously in the current year as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions ofless than one day being disregarded. (7) The State Government shall have power to issue directions as to the manner in which the provisions of sub-section (6) shall be carried into effect in all or any class of cases or in any particular case.

Section 49 – The Sikkim Shops and Commercial Establishment Act,1983 | DailyLaw.ai