B.Heammanth Raaj 1 Tamil Nadu catering establishment act 1958
Tamil Nadu catering establishment act 1958 Salient features:y
An
y
Catering
y
Child-
y
y
act to provide for the regulation of conditions of work in catering establishments and for certain other purposes in the state o f Tamil Nadu establishment means a restaurant or residential hotel and includes a restaurant or canteen attached to, or run or managed by, any society registered under any law for the time being in force but does not include a restaurant or canteen attached to, or run or managed by, any educat ional institution. institution. below 16 years
Restaurant means any premises in which is carried on the business of the supply of refreshments or meals to the public or a class of the public for consumption on the premises Residential hotel means any premises in which the business of providing dwelling accommodation and supply of meals to any member of the public or a class of the public is carried on.
y
Young
y
Exemptions o o
person- 16 to 18 years :when family members members are employed employed in hotel (sec21& 22) for management people(sec.7 to sec 11)
y
A
pplication to be sent to inspector for registration within 30 days from the commencement of work
y
Inspector
y
Sec-4:-The o o o o o
after approval of registers the catering establishment in the prescribed register.
inspector will look into following before approval: Location of catering establishment Previous ex perience of employer Financial resources Welfare of labour Whether employer himself has applied / benami have applied.
y
Registration certificate should be d isplayed
y
Registration validity :- 1year
y
If
y
Prepayment
y
If
the registration has been obtained by misinterpretation or fraud, inspector may give an opportunity for employer for ex planation before license revoke or cancellation for the license to the inspector doesn¶t entitle the grant of registration, whereas refund is possible if grant or renew o f certificate has been refused. there is no communication from inspector regarding grant or renewal of registration certificate within 3 months , then it is deemed to have been gra nted or renewed
B.Heammanth Raaj 2 Tamil Nadu catering establishment act 1958 y
A ppeal
against an inspector regarding the revoke or cancellation of grant or renewal of license should be made within 30 days in writing to the state government(can be extended to another 30 days d ays if employer has a valid reason for delay in appeal)
y
Any
changes in the sec. 4 should be communicated to the inspector in the prescribed form within 7 days after the change has taken place and if inspector is satisfied, he will amend the registration certificate or provided a fresh certificate.
y
If
an employer closes the catering establishment should notify to the inspector within 10days and if inspector is satisfied, will remove the name of catering establishment from register. HOURS OF WORK YOUNG ADULT PERSON Normal 5 hours/day 9 hours/day or 48 hours /week Over-time NA 10hours/day or 54hours / 3 consecutive months DAILY
y
Employee
is entitled for twice the wages if works for more than 9 hours per day or more than 48 hours /week hour of interval for 5 hours of continuous work(maximum 2 intervals per day)
y
½
y
S pread
y
1 whole day holiday /week
y
In
y
st
No deduction in wages for the above mentioned holidays Every
y
If
y
th
a year the employer should declare holidays on 26 January, 1 may, and 15th august and 5 whole day holidays in a year as t he inspector may specify.
y
y
over should not exceed 14 hours per day including interval
employee shall be paid pa id full wages for the above mentioned holidays
the employee works on a holiday, either he shall be paid twice the wages or 1 day wage with a compensatory off in any o f the following three days with full wage
Notice of periods of work should be displayed clearly in a prescribed form for everyday Register for holidays to be maintained maintained
B.Heammanth Raaj 3 Tamil Nadu catering establishment act 1958 ANNUAL LEAVE
WITH WAGES:-
Every
worker who has worked for a period of 240 days or more during a calendar
Adult:-1
day for every 20days
Annuall nnually:y:-
y
day for every 15days
Annuall nnually:y:-
16days 16days
Leave not availed can be carried over to next year
Leave not availed can be carried over to next year
Accumulation:-40days
Accumulation Accumulation::- 50days 50days
Working
days includes lay off, maternity leave (12 weeks), leave earned in the year prior. But he shall not earn leave for these days.
y
Admissible
y
S ick
y
If
y
12 days days
Child:-1
annual leave shall be exclusive of all holidays whether occurring during or at either end of the period of leave. leave: - 1 day/month i.e., 12 days annually
worker is joining in a factory other than January, shall be entitled to leave with wages if he has worked for two-thirds of the total number of days in the remainder of the calendar year. If a worker is terminated by the employer, discharged or dismissed, quits his employment or is superannuated or dies while in service, he or his heir or nominee shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified even if he had not worked for the entire period specified him eligible to avail of such leave, and such payment shall be made:Worker
Before the ex piry of the second working day from the date of such discharge, dismissal or quits employment(next pay day) Worker is superannuated or dies Before the ex piry of two months from the date of while in service such superannuation or death. y
In
is discharged or dismissed dismissed
calculating leave, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
B.Heammanth Raaj 4 Tamil Nadu catering establishment act 1958 y
y
The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice not ice required to be given before discharge or dismissal. dismissal. WAGES DUR ING LEAVE PER IOD : -A worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave (Basic pay + Dearness allowance), exclusive of any overtime.
y
An
employee who has been granted leave for a period exceeding 4 days shall, before his leave begins be paid the wages due for the period of the leave allowed.
y
Dresses to be supplied by employer at free of cost
y
Payment
of wages act1936 is applicable for this act.
y
No child should work in catering establishment.
y
No woman or young person should work between 9pm and 5am
y
y
Notice of discharge or dismissal ± no employer shall dispense with the services of an employee employed for a period of not less than 120 days/6months except for a reasonable cost & without giving a notice at least for 1 month.(not applicable for misconduct of employee). Every
employer shall, on demand, produce for inspection of an inspector, all registers, records and notices required to be kept under and for fo r the purposes of this act.
