Is the Shops and Establishment Act not taken into consideration under the new labour code? Please clarify.
From India, New+Delhi
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1From India, New+Delhi
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Dear Sir, Labour code not for shops and stablishment. FYI
From India, Hyderabad
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From India, Hyderabad
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Dear Colleague,
The Shops and Establishments Act, The Apprenticeship Act are remaining independent of the Code as of now. The understanding is right.
For example, the Occupational Safety and Health, WC code only repeals the below Acts once implemented (the date of notification is still awaited):
(a) The Factories Act, 1948;
(b) The Plantations Labour Act, 1951;
(c) The Mines Act, 1952;
(d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;
(e) The Working Journalists (Fixation of Rates of Wages) Act, 1958;
(f) The Motor Transport Workers Act, 1961;
(g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(h) The Contract Labour (Regulation and Abolition) Act, 1970;
(i) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
(k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981;
(l) The Dock Workers (Safety, Health, and Welfare) Act, 1986;
(m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
From India, Chennai
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The Shops and Establishments Act, The Apprenticeship Act are remaining independent of the Code as of now. The understanding is right.
For example, the Occupational Safety and Health, WC code only repeals the below Acts once implemented (the date of notification is still awaited):
(a) The Factories Act, 1948;
(b) The Plantations Labour Act, 1951;
(c) The Mines Act, 1952;
(d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;
(e) The Working Journalists (Fixation of Rates of Wages) Act, 1958;
(f) The Motor Transport Workers Act, 1961;
(g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(h) The Contract Labour (Regulation and Abolition) Act, 1970;
(i) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
(k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981;
(l) The Dock Workers (Safety, Health, and Welfare) Act, 1986;
(m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
From India, Chennai
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(Fact Check Failed/Partial)-The user reply is partially incorrect. The Shops and Establishments Act and The Apprenticeship Act are not completely independent of the new labor code. The Occupational Safety and Health, WC code does repeal certain acts, but the Shops and Establishments Act may still have relevance. Further clarification may be needed.
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If I remember correctly, so far only 29 Central Labor Laws have been subsumed into the four Labor Codes, namely the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, and the Code on Occupational Safety and Health, 2020.
So far as existing State Labor Laws are concerned, they are not covered in the codification. However, there is a Central Model Shops and Establishments Rules, 2016 in place which may be adopted by the States at their discretion. This adoption has been done so far by only one or two States.
From India, Salem
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So far as existing State Labor Laws are concerned, they are not covered in the codification. However, there is a Central Model Shops and Establishments Rules, 2016 in place which may be adopted by the States at their discretion. This adoption has been done so far by only one or two States.
From India, Salem
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(Fact Checked)-The user reply is accurate regarding the coverage of the Central Labor Laws under the four Labor Codes and the adoption of the Central Model Shops and Establishments Rules by states. (1 Acknowledge point)
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Dear Colleague,
In addition, as rightly guided by our colleague, the present Labour Law reforms by way of New Labour Codes (4 Codes) are only on the list of 29 Central Laws. As Labour is a Concurrent Subject, the State-enacted laws will not be covered under the Labour Codes Proposed.
The States have to follow suit the Central Model, but unless there is some good drive by Unions and Employers, we cannot expect such reforms at the State level. There is a long way to go in our present scenario.
From India, Chennai
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In addition, as rightly guided by our colleague, the present Labour Law reforms by way of New Labour Codes (4 Codes) are only on the list of 29 Central Laws. As Labour is a Concurrent Subject, the State-enacted laws will not be covered under the Labour Codes Proposed.
The States have to follow suit the Central Model, but unless there is some good drive by Unions and Employers, we cannot expect such reforms at the State level. There is a long way to go in our present scenario.
From India, Chennai
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(Fact Checked)-The user reply contains accurate information regarding the fact that the new Labour Codes cover only a list of 29 Central Laws and do not encompass State laws. It correctly highlights the need for further reforms at the State level. (1 Acknowledge point)
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Shop & Establishment acts are state acts The new labour codes are central acts. They have not touched the state acts and focused on existing central acts.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is [B]incorrect[/B]. The new labor codes have indeed integrated and replaced various existing labor laws, including the Shops and Establishment Acts. The new labor codes aim to consolidate and simplify labor regulations at the central level, impacting both central and state laws.
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Dear All,
Please clarify and advise on how to proceed further:
I worked in an esteemed organization and have resigned from the services. Now, I want to update my nominee details and left date. What is the procedure to update my nominee details in the EPF Portal?
1) Is there any possibility to submit Form-2 under EPF directly to PF authorities by the employee?
2) Is Management approval/certification required after resignation from the service?
Regards,
Ramam
From India
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Please clarify and advise on how to proceed further:
I worked in an esteemed organization and have resigned from the services. Now, I want to update my nominee details and left date. What is the procedure to update my nominee details in the EPF Portal?
1) Is there any possibility to submit Form-2 under EPF directly to PF authorities by the employee?
2) Is Management approval/certification required after resignation from the service?
Regards,
Ramam
From India
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(Fact Checked)-The correct procedure to update nominee details in the EPF portal after resigning is to submit Form 2 directly to the PF authorities, without requiring management approval. (1 Acknowledge point)
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Amendment to leave rules is one of the many impacted aspects the New Labour codes have brought into the scene. To be specific, as per state(s) Shops & Establishments Act & Rules, the entitlement of PL/EL and Sick leaves is at One day for every 20 days worked (EL/PL) and 12 days for 12 months of service (Sick leave). An employee can carry forward a maximum of 45 days to the next year leaving the leave days over and above the 45 ceiling at the credit will automatically elapse, a loss to the employees concerned. There is no stipulation about encashment of the leave days elapsed.
On the other hand, New Labour Codes stipulate that an employee is entitled to one day for every day of work, roughly works out to 15 days p.a. of (EL/PL). One of the labour codes, namely, the Occupational Safety, Health, and Working Conditions Code, states that an employee cannot accumulate more than 30 days of paid leave in a calendar year. Employees are entitled to avail the overflowing leave and/or encash them, presumably every year, and can carry forward without limit whenever applied leave is denied. The accumulated leaves get paid at the end of the calendar year. In case an employee accumulates more than 30 days of paid leave in a calendar year, the employer will have to pay for the excess leaves (Ref. Chap. VI-Sec. 32(1)-(i), (ii), vii(a)). However, this condition only applies to workers not in managerial or supervisory positions.
It is to be noted that different state Govts have different rules for leave and hence not applicable in all the states uniformly. State & central govt. employees are outside the purview. Also, the leave rules of the Principal Employer are not applicable suo moto to contract labor, in general. It's obvious that the four new labour codes, the new regulations affect take-home pay, EPF contribution, the number of paid leaves, and maximum working hours in a week and so on. It's a moot point how employers are managing this while euphoria among employees concerned. And the Codes will stay put. Please refer to the Gazette Notification.
From India, Bangalore
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On the other hand, New Labour Codes stipulate that an employee is entitled to one day for every day of work, roughly works out to 15 days p.a. of (EL/PL). One of the labour codes, namely, the Occupational Safety, Health, and Working Conditions Code, states that an employee cannot accumulate more than 30 days of paid leave in a calendar year. Employees are entitled to avail the overflowing leave and/or encash them, presumably every year, and can carry forward without limit whenever applied leave is denied. The accumulated leaves get paid at the end of the calendar year. In case an employee accumulates more than 30 days of paid leave in a calendar year, the employer will have to pay for the excess leaves (Ref. Chap. VI-Sec. 32(1)-(i), (ii), vii(a)). However, this condition only applies to workers not in managerial or supervisory positions.
It is to be noted that different state Govts have different rules for leave and hence not applicable in all the states uniformly. State & central govt. employees are outside the purview. Also, the leave rules of the Principal Employer are not applicable suo moto to contract labor, in general. It's obvious that the four new labour codes, the new regulations affect take-home pay, EPF contribution, the number of paid leaves, and maximum working hours in a week and so on. It's a moot point how employers are managing this while euphoria among employees concerned. And the Codes will stay put. Please refer to the Gazette Notification.
From India, Bangalore
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(Fact Checked)-The user's reply contains accurate information regarding the leave rules impacted by the New Labour Codes, specifically related to earned leave, sick leave entitlement, accumulation limits, encashment, and applicability to workers not in managerial positions. The details provided align with the relevant provisions. (1 Acknowledge point)
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Shops & Establish 1.4.10 to 31.3.11 Karnataka.jpg
UP Shops&Estb_Leav es.doc
Forms & Registers Andhra Pradesh Shops & Establishments Act 1988 & Rules 1990.xls
CiteHR.AI
(Fact Check Failed/Partial)-The Shops and Establishment Act is still relevant under the new labour code. It applies to commercial establishments, regulating working conditions.