Q: I am a businessman and have recently opened a super market in the Kasba area selling a large variety of products. One of the local leaders has approached me and requested me to give employment to some local boys and girls and women who live in the slums. I have no objection to employing some of them since I too need a workforce for my venture. However, I have heard that there are certain legal restrictions regarding their employment. Could you please enlighten me as to what the law is in this regard? I would also like to know if there are any other special restrictions imposed on the employment of women and young children. Please advise.
Sujit Kumar, Calcutta
A: To start with, under the West Bengal Shops & Establishment Act, 1963, no child who has not yet completed the age of 12 years is permitted to be employed in any shop or establishment. Secondly, no young person (defined as a person who has completed 12 years but has not yet completed 15 years) shall be permitted to work in a shop for more than 7 hours on any one day or for more than 40 hours in any one week.
The period of work for young persons in a shop during each day has to be fixed in such a way that the concerned person doesn?t have to work for more than 4 hours before he has an interval for rest of at least an hour.
Further, no young person shall be permitted to work in any shop after 8 pm. Regarding women, the special restriction is that no woman shall be permitted to work in any shop after 8 pm.
Q: I am engaged as an apprentice clerk in the accounts section of a public sector company. My appointment was pursuant to the notice issued by the Apprentices Act. My contract is for a period of two years with effect from 1.1.2006. I want to know whether I am entitled to the benefits of the Provident Fund. Also please let me know whether, after the expiry of my aforementioned contract, I can get a permanent job with the company.
Sunil Biswas, Howrah
A: Section 2 (f) of the Employees? Provident Fund Misc. Provisions Act, 1952, defines an employee ?as any person employed for wages in any kind of work in any establishment including any person engaged as an apprenticeship not being an apprentice? engaged under the Apprentices Act, 1961. Going by this definition, you would not be entitled to the benefits of the Provident Fund Act.
This view has been upheld by the Supreme Court in a case reported in Judgments Today 2006 (2) SC 45.
As regards your second query, Section 22 of the Apprentices Act, provides that it will not be obligatory for the employer to offer any employment to any apprentice who has completed his training, nor shall it be obligatory for the apprentice to accept an employment under the said employer.
However, if there is a condition in your apprenticeship contract requiring you to serve the employer after completion of your training, then upon such completion, the employer will be bound to offer suitable employment to you and you will be bound to serve the employer in such capacity for that period and on such remuneration as may be specified in the contract.
The period of service and/or the remuneration is subject to revision by the apprenticeship adviser if in his or her opinion, the offer made as it stands isn?t reasonable in terms of employment or is detrimental to the interests of the employee.
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