My establishment is covered under the Factories Act for the past 20 years. One of the labor inspectors in our city visited our premises and asked me to register under the Shop and Commercial Establishment Act and is forcing us to do so. But as far as I know, there is no need to register under the Shop Act as we are already registered under the Factories Act. Please help me to fight back this issue. Let me know if there is any notification or case law regarding this. Thank you.
From India, New+Delhi
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5From India, New+Delhi
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If you have less than 20 people working in your establishment then there ia a need to register under shop & establishment act.
From United States, Cincinnati
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From United States, Cincinnati
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There are more than 40 employees and i have registered under the factories Act according to the state rules.
From India, New+Delhi
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From India, New+Delhi
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Mr. Pavan Kadam,
If in your establishment any "manufacturing process" is taking place as defined under the Factory Act, and the establishment employs 10 or more persons with the aid of power or 20 or more persons without the aid of power, then you have to register your company under the Factory Act. Otherwise, go through your state's S&E Act for registration under the S&E Act. Whichever definition is closest to the nature of your business will be applicable.
From India, Mumbai
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If in your establishment any "manufacturing process" is taking place as defined under the Factory Act, and the establishment employs 10 or more persons with the aid of power or 20 or more persons without the aid of power, then you have to register your company under the Factory Act. Otherwise, go through your state's S&E Act for registration under the S&E Act. Whichever definition is closest to the nature of your business will be applicable.
From India, Mumbai
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Dear All,
Can you please suggest to me in detail regarding the attendance procedure of the Shops and Establishments Act? This includes information on Half Day, Out Duty (OD) outside, Half Day OD, Half Day Leave, Absence, etc.
Thanks and Regards,
Sima Dey
From India, Kolkata
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Can you please suggest to me in detail regarding the attendance procedure of the Shops and Establishments Act? This includes information on Half Day, Out Duty (OD) outside, Half Day OD, Half Day Leave, Absence, etc.
Thanks and Regards,
Sima Dey
From India, Kolkata
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Hi Praveen Kumar,
First, please clarify if your corporate office is situated where the manufacturing process takes place. If the corporate office and the manufacturing unit are in different locations, it is necessary to register for S&E. In that case, S&E registration is compulsory as per the S&E rules.
Thanks,
T. Sivakumar
From India, Hyderabad
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First, please clarify if your corporate office is situated where the manufacturing process takes place. If the corporate office and the manufacturing unit are in different locations, it is necessary to register for S&E. In that case, S&E registration is compulsory as per the S&E rules.
Thanks,
T. Sivakumar
From India, Hyderabad
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Hi Praveen Kumar, I Agree with Sivakumar as if your Corporate Office is Separate from Manufacturing Unit then you need to Register under S&E Act & Rules.
From India
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From India
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Dear friends,
I appreciate Mr. Sivakumar's comment regarding the location of the corporate office. To be specific, it depends upon the area of the factory shown on the factory plan approved by the Directorate of Factories and the number of employees working in the offices or establishments beyond the factory map approved. Such offices beyond the factory do not necessarily mean only the corporate office; employers even keep the site admin office or other offices not directly associated with the factory operations and maintenance jobs outside the factory premises. Employees posted in such outside offices shall be covered under the Safety and Environment Act.
From India, Calcutta
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I appreciate Mr. Sivakumar's comment regarding the location of the corporate office. To be specific, it depends upon the area of the factory shown on the factory plan approved by the Directorate of Factories and the number of employees working in the offices or establishments beyond the factory map approved. Such offices beyond the factory do not necessarily mean only the corporate office; employers even keep the site admin office or other offices not directly associated with the factory operations and maintenance jobs outside the factory premises. Employees posted in such outside offices shall be covered under the Safety and Environment Act.
From India, Calcutta
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Mr. Sivakumar and Abuhrd have clarified the circumstances under which you need to register under the Shops Act. Apart from this, if you have any shop in the premises of the factory that is not connected with the manufacturing process, then you may also have to register under the Shops Act in some states. You have not specified the grounds on which the Labour Inspector insisted on registration under the Shops Act, which would have made things clear to the members and enabled them to reply more specifically.
B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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