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Kerala Shops and Commercial Establishment Act - Article

റിട്ടയേര്‍ഡ് ലൈഫ്  @ സ്റ്റേഷനറി കട

ചാര്‍ളി ചേട്ടന്‍ റിട്ടയര്‍മെന്‍റ് ജീവിതം ആഘോഷിക്കാനാണ് അത് തുടങ്ങിയത്-ചെറിയ ഒരി സ്റ്റേഷണറി കടയും ഡി.റ്റി.പി സെന്‍ററും.  ടൈപ്പ് ചെയ്യാന്‍ ഒരാളും സാധനങ്ങള്‍ എടുത്തുകൊടുക്കാന്‍ മറ്റൊരാളും അങ്ങനെ ആകെ രണ്ടു ജോലിക്കാര്‍- രണ്ടും പരിസരവാസികളായ പെണ്‍കുട്ടികള്‍.  
കഴിഞ്ഞ ഒരാഴ്ചയായി മറിയചേട്ടത്തി ഇതിന്‍റെ പേരില്‍ നിരന്തരം ബഹളം.  എന്ത് സംസാരം ഉണ്ടായാലും ആദ്യവും അവസാനവും മറിയചേട്ടത്തി പറഞ്ഞുനില്‍ത്തുന്നത് ഇതായിരിക്കും.  -നിങ്ങള്‍ക്ക് വല്ല കാര്യവും ഉണ്ടായിരുന്നോ മനുഷ്യാ ഈ പണി ചെയ്യാന്‍-
പത്തുനാല്‍പ്പതിനായിരം രൂപ ശമ്പളം വാങ്ങിയിരുന്ന ചാര്‍ളിചേട്ടന്‍ സര്‍ക്കാര്‍ ജോലിയില്‍ നിന്നും വിരമിച്ച ശേഷം തുടങ്ങിയ പുതിയ സ്ഥാപനം കുടുംബത്തിന്‍റെ  മനസമാധാനം തന്നെ ഇല്ലാതാക്കി.  ഗുരുതരമായ കാര്യം ഒന്നും ഇല്ല.  പക്ഷെ ജീവിതത്തില്‍ ഇന്നു വരെ ഒരു പെറ്റികേസുപോലും ഇല്ലാതിരുന്ന ചാര്‍ളിചേട്ടന്‍ ലേബര്‍ ഓഫീസറുടെ നോട്ടീസ് കിട്ടിയപ്പോള്‍ ഞെട്ടിപ്പോയി.  നോട്ടീസ് വായിച്ച് അന്നു തുടങ്ങിയ മറിയചേട്ടത്തിയുടെ ചീത്ത വിളി ഇതുവരെ മാറിയിട്ടില്ല.  
കാര്യം ഇതാണ്-ചാര്‍ളിചേട്ടന്‍ തുടങ്ങിയ കൊച്ചു സ്ഥാപനം തൊഴില്‍ നിയമങ്ങളില്‍ ഒന്നായ കേരളാ ഷോപ്പ്സ് ആന്‍റ് കൊമേഴ്സ്യല്‍ എസ്റ്റാബ്ലിഷ്മെന്‍റ് ആക്ട് (പീഡിക തൊഴിലാളി നിയമം) പ്രകാരം രജിസ്റ്റര്‍ ചെയ്തിട്ടില്ലത്രെ.  ആകെ രണ്ടുപേരും പിന്നെ താനും മാത്രമുളള സ്ഥാപനത്തിന് എന്ത് രജിസ്ട്രേഷന്‍ ? വരുമാനം വല്ലതും  ഉണ്ടായലല്ലേ അതൊക്കെ ആവശ്യം ഉളളു.  ചാര്‍ളിചേട്ടന്‍ തല പുകഞ്ഞു.  

സ്ഥാപനങ്ങളും രജിസ്ട്രേഷനും.  
കേരളാ ഷോപ്പ്സ് ആന്‍റ് കൊമേഴ്സ്യല്‍ എസ്റ്റാബ്ലിഷ്മെന്‍റ് രജിസ്ട്രേഷന്‍ അനുസരിച്ച് കേരളത്തിലെ എല്ലാ തൊഴിലുടമകളും തങ്ങളുടെ സ്ഥാപനം രജിസ്റ്റര്‍ ചെയ്തിരിക്കണം.  ഓഫീസ് ജോലി, ഹോട്ടല്‍, കഫേ, തീയേറ്റര്‍, എന്നിങ്ങനെ ജോലികള്‍ ഉളള മുഴുവന്‍ സ്ഥാപനങ്ങളും ഈ നിയമപ്രകാരം രജിസ്റ്റര്‍  ചെയ്തിട്ടുണ്ടാകണം.  
കടകള്‍ക്കും രജിസ്ട്രേഷന്‍ ആവശ്യമാണ്.  ഗോഡൗണ്‍, ഷോറൂമുകള്‍, സ്റ്റോര്‍ റൂമുകള്‍ തുടങ്ങിയവയിലൂടെ ഒക്കെ ഉപഭോക്താക്കള്‍ക്ക് സേവനം നല്‍കുന്ന എല്ലാ സ്ഥാപനങ്ങളും ഇതിന്‍റെ പരിധിയില്‍ പെടുന്നു.   ആശുപത്രികള്‍, മുതലായവ എല്ലാം ഇതിന്‍റെ പരിധിയില്‍പ്പെടുന്നു.  ഓരോ വര്‍ഷത്തേക്കുമാണ് രജിസ്ട്രേഷന്‍.  വര്‍ഷാവര്‍ഷം കാലാവധി തീരുന്നതിന് മുപ്പതു ദിവസം മുമ്പേ രജിസ്ട്രേഷന്‍ പുതിക്കേണ്ടതാണ്.  
സ്ഥാപനം നിലനില്‍ക്കുന്ന പ്രദേശത്തുളള ലേബര്‍ ഓഫിസിലാണ് രജിസ്ട്രേഷന്‍ ചെയ്യേണ്ടത്.  രജിസ്ട്രേഷന്‍ സര്‍ട്ടിഫിക്കേറ്റ് സ്ഥാപനത്തില്‍ എല്ലാവരും കാണ്‍കെ പ്രദര്‍ശിപ്പിച്ചിരിക്കണം.  നിശ്ചിത ഫീസ് ഒടുക്കി രജിസ്ട്രേഷന്‍ ചെയ്യാത്ത സ്ഥാപനങ്ങള്‍ക്ക് ഈ നിയമപ്രകാരമുളള ശിക്ഷാനടപടികള്‍ നേരിടേണ്ടിവരും. ഇതൊയാണെങ്കിലും പൊതുതാല്‍പ്പര്യാര്‍ത്ഥം സര്‍ക്കാരിന് വേണമെങ്കില്‍ ഏതെങ്കിലും സ്ഥാപനങ്ങളെയൊക്കെ ഈ നിയമത്തിന്‍റെ പരിധിയില്‍ നിന്ന് ഒഴിവാക്കാം. ഉദാഹരണത്തിന്, എല്‍ ഐ സി,  ദേശസാല്‍കൃത ബാങ്കുകള്‍ മുതലായവ.  ഹോട്ടലുകള്‍, മദ്യവില്‍പ്പനശാലകള്‍ എന്നിങ്ങനെ ചില സ്ഥാപനങ്ങളെ സമയപരിധിയുള്‍പ്പെടെയുള്ള കാര്യങ്ങളില്‍ നിന്ന് ഒഴിവാക്കിയിട്ടുണ്ട്. 

തൊഴില്‍ വ്യവസ്ഥകള്‍
ഒരു സ്ഥാപനത്തിലും ആരെയും എട്ട് മണിക്കുറിലധികം ജോലി ചെയ്യിപ്പിച്ച് കൂടാ.   അതിലധികമായി പണിയെടുക്കുന്നവര്‍ക്ക് ഇരട്ടിവേദനം അധികമായി നല്‍കേണ്ടതാണ്.  നാല് മണിക്കൂര്‍ തുടര്‍ച്ചയായി ജോലിചെയ്യുന്ന തൊഴിലാളിക്ക് ഒരു മണിക്കൂര്‍ വിശ്രമം കൊടുക്കണം.  അതുപോലെ സ്ഥാപനം തുറക്കുന്നതിനും അടക്കുന്നതിനും നിശ്ചിത സമയ പരിധി ഉണ്ട്.  ആഴ്ചയില്‍ ഒരു ദിവസം അവധിയും നല്‍കേണ്ടതാണ്.  
ചുരുങ്ങിയത് ഒരു മാസത്തെയെങ്കിലും നോട്ടീസോ ഒരു മാസത്തെ മുന്‍കൂര്‍ വേതനമോ നല്‍കാതെ ആറുമാസത്തിലധികം ജോലി ചെയ്ത തൊഴിലാളിയെ പിരിച്ച് വിടാനാവില്ല.  തൊഴില്‍ സ്ഥാപനത്തില്‍ മതിയായ വായു സഞ്ചാരവും വൃത്തിയും ഉണ്ടായിരിക്കണം. ഏത് സമയത്തും പരിശോധന ആകാം.  ബന്ധപ്പെട്ട് തൊഴില്‍ വകുപ്പ് ഉദ്ദ്യോഗസ്ഥര്‍ക്ക് ജോലി സമയങ്ങളില്‍ കടന്ന് വന്ന് രേഖകള്‍ പരിശോധിക്കാവുന്നതാണ്.  എല്ലാ തൊഴിലുടമകളും സ്ഥാപനം സംബന്ധിച്ചുളള രേഖകള്‍ പരിശോധനക്ക് വിധേയമാക്കാന്‍ ബാധ്യസ്ഥനാണ്.  ഇതൊക്കെ അറിഞ്ഞിരുന്നെങ്കിള്‍ ചാര്‍ളിചേട്ടന്‍ പെന്‍ഷനും വാങ്ങി വീട്ടില്‍ തന്നെ  ഇരിക്കുമായിരുന്നു.  
തൊഴിലാളികളുടെ എണ്ണം പ്രശ്നമല്ല
ചില തൊഴില്‍ നിയമങ്ങള്‍ നിശ്ചിത എണ്ണം തൊഴിലാളികള്‍ ഉണ്ടെങ്കില്‍ മാത്രമേ ബാധകമാകൂ. ആദ്യകാലത്ത് ചുരുങ്ങിയത് 3 തൊഴിലാളികള്‍ ഉണ്ടെങ്കില്‍ മാത്രമെ ഈ നിയമം ബാധകമാകൂ എന്നു കാണിച്ച് സര്‍ക്കാര്‍ ഉത്തരവിറക്കിയിരുന്നു. പക്ഷെ പിന്നീട് പൊതുതാല്‍പ്പര്യം കണക്കിലെടുത്ത് ഷോപ്പ്സ് & കൊമ്മേര്‍ഷ്യല്‍ എസ്റ്റാബ്ളിഷ്മെന്‍റ് നിയമം തൊഴിലാളികളുടെ എണ്ണം കണക്കിലെടുക്കാതെ എല്ലാ തൊഴിലാളികള്‍ക്കും ബാധകമാണ് എന്നു കാണിച്ച് സംസ്ഥാന സര്‍ക്കാര്‍ 1985 ല്‍ പുതിയ ഉത്തരവിറക്കി. (എസ് ആര്‍ ഒ നം. 1135/85)
അനധികൃതമായി പിരിച്ചുവിട്ടാല്‍
ആറ് മാസമായി ജോലിചെയ്യുന്ന തൊഴിലാളിയെ പിരിച്ചുവിടണമെങ്കില്‍ മതിയായ കാരണങ്ങള്‍ ഉണ്ടായിരിക്കേണ്ടതും ഒരു മാസത്തെയെങ്കിലും നോട്ടീസ് നല്‍കേണ്ടതുമാണ്. എന്നാല്‍ ദുഷ്പെരുമാറ്റം മൂലമായ കാരണങ്ങളാണെങ്കില്‍ ഒരു മാസത്തെ നോട്ടീസ് നിര്‍ബന്ധമില്ല. മതിയായ കാരണങ്ങളില്ലാതെ പിരിച്ചുവിടുകയാണെങ്കില്‍ ഡെപ്യൂട്ടി ലേബര്‍ കമ്മീഷണര്‍ക്ക് അപ്പീല്‍ നല്‍കാം. തൊഴിലാളിയെ പിരിച്ചുവിട്ട നടപടി ശരിവയ്ക്കാനോ, തിരികെ എടുക്കാനോ നഷ്ടപരിഹാരം നല്‍കാനോ ഉത്തരവുണ്ടാകും. 

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