We are based in Mumbai and are a software company with 15 employees.
We come under shops and establishment act Mumbai. Our office was recently inspected by Shops and Establishment inspector. All documents were in order except that inspector asked for “ Form J” which we are not maintaining. As per our understanding as a software company with varying hours of work it’s not obligatory on our part to maintain the J form. Any advice would be helpful.
From India, Mumbai
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We come under shops and establishment act Mumbai. Our office was recently inspected by Shops and Establishment inspector. All documents were in order except that inspector asked for “ Form J” which we are not maintaining. As per our understanding as a software company with varying hours of work it’s not obligatory on our part to maintain the J form. Any advice would be helpful.
From India, Mumbai
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Rule 20(1) of the Maharashtra rules requires a commercial establishment to maintain Form J only when its opening and closing hours are ordinarily uniform. The working hours of employees may vary, but the opening and closing hours of the establishment vary every day.
B. Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
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1931B. Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
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Hi,
Thank you for your response. Our office opening hours are between 9:30 AM to 10:00 AM and closing anytime between 6:00 PM to 9:00 PM, all depending on the workload for the day. Does this qualify us for maintaining the J form?
Please let me know if you need any further information.
Thank you.
From India, Mumbai
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Thank you for your response. Our office opening hours are between 9:30 AM to 10:00 AM and closing anytime between 6:00 PM to 9:00 PM, all depending on the workload for the day. Does this qualify us for maintaining the J form?
Please let me know if you need any further information.
Thank you.
From India, Mumbai
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Dear Member,
Rule 20 of the Maharashtra Rules was framed to enforce Sec. 13 of the Bombay Shops Act 1948, which provides for opening and closing hours of commercial establishments at not earlier than 8:30 a.m. being the opening hour and not later than 9:30 p.m. being the closing hour. However, software and Information Technology establishments located in Maharashtra are exempted from Sec. 13, which means they need not adhere to the stipulated opening and closing hours. Since you have varying opening and closing hours between 9:30 a.m. to 9:00 p.m. and are not subject to Sec. 13, which consequently also exempts you from Rule 20 (since it was framed to give effect to Sec. 13), you also stand exempted, in my view, from the obligation to maintain Form J prescribed by Rule 20. You can take a stand accordingly.
B. Saikumar HR & Labour Law Advisor Mumbai 09930532927
From India, Mumbai
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Rule 20 of the Maharashtra Rules was framed to enforce Sec. 13 of the Bombay Shops Act 1948, which provides for opening and closing hours of commercial establishments at not earlier than 8:30 a.m. being the opening hour and not later than 9:30 p.m. being the closing hour. However, software and Information Technology establishments located in Maharashtra are exempted from Sec. 13, which means they need not adhere to the stipulated opening and closing hours. Since you have varying opening and closing hours between 9:30 a.m. to 9:00 p.m. and are not subject to Sec. 13, which consequently also exempts you from Rule 20 (since it was framed to give effect to Sec. 13), you also stand exempted, in my view, from the obligation to maintain Form J prescribed by Rule 20. You can take a stand accordingly.
B. Saikumar HR & Labour Law Advisor Mumbai 09930532927
From India, Mumbai
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