Shops & Establishment Act
THE ABOVE ACT SPECIFIES THAT A SHOP / ESTT SHOULD BE CLOSED FOR 1&1/2 DAYS CONSECUTIVELY. HOW COME THE SHOPPING MALLS / FOOD BAZAR / VISHAL GARMENTS SHOPS ETC ARE OPEN ON ALL 7 DAYS OF THE WEEK. THIS IS ALLOWED UNDER WHICH LAW / RULE ??
IF THEY ARE EXEMPTED THEN UNDER WHICH LAW/RULE?? WHAT IS THE PROCEDURE TO GET SUCH EXEMPTION??
From India, Mumbai
THE ABOVE ACT SPECIFIES THAT A SHOP / ESTT SHOULD BE CLOSED FOR 1&1/2 DAYS CONSECUTIVELY. HOW COME THE SHOPPING MALLS / FOOD BAZAR / VISHAL GARMENTS SHOPS ETC ARE OPEN ON ALL 7 DAYS OF THE WEEK. THIS IS ALLOWED UNDER WHICH LAW / RULE ??
IF THEY ARE EXEMPTED THEN UNDER WHICH LAW/RULE?? WHAT IS THE PROCEDURE TO GET SUCH EXEMPTION??
From India, Mumbai
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Good question...
Few days ago I wrote a policy guiding office hours/ break timings etc ( i work for a logistics firm in mumbai) and gave it to my boss..He removed Bombay Shop and Est. Act and asked me to read it ( didnt say anythign about policy). When i started reading it, I was bowled over readign its provisions. It lays down many idealistic provisions such as working hours should not exceed 9 per day etc etc...now after every list of such regulatory provisions, there is a footnote saying above provisions can be relaxed in certain cirumstances. This footnote is pretty misleading and creates loophole in provision..When i took my query to boss that neither we not industry is following this act, he cudnt come up with an convincing answer..All i understood was such acts are grossly voilated and its difficult for us to abide by them...
I dont have any answer if someone accuses us for voilating S & E Act,
rgds
nikhil
From India, Mumbai
14Few days ago I wrote a policy guiding office hours/ break timings etc ( i work for a logistics firm in mumbai) and gave it to my boss..He removed Bombay Shop and Est. Act and asked me to read it ( didnt say anythign about policy). When i started reading it, I was bowled over readign its provisions. It lays down many idealistic provisions such as working hours should not exceed 9 per day etc etc...now after every list of such regulatory provisions, there is a footnote saying above provisions can be relaxed in certain cirumstances. This footnote is pretty misleading and creates loophole in provision..When i took my query to boss that neither we not industry is following this act, he cudnt come up with an convincing answer..All i understood was such acts are grossly voilated and its difficult for us to abide by them...
I dont have any answer if someone accuses us for voilating S & E Act,
rgds
nikhil
From India, Mumbai
hi All
Regarding the same I spoke to Labour Inspector
We have also to give them atleast 10 days national holidays and 27 Leaves to the employees.
But since our outlets are opened 365 days a year so whats the solution for the same...
According to the rule we have to provide them all these facilities but we have to give it on a rotaional basis.
That means if employee X is getting 26 th Jan off then Y will be getting the same Off on some other day
And about the shift
Since we are Open from 11am -11pm so we are giving two shifts to our employees
10 am-7pm and 2pm-11 PM
Any more queries?
From India, Bangalore
Regarding the same I spoke to Labour Inspector
We have also to give them atleast 10 days national holidays and 27 Leaves to the employees.
But since our outlets are opened 365 days a year so whats the solution for the same...
According to the rule we have to provide them all these facilities but we have to give it on a rotaional basis.
That means if employee X is getting 26 th Jan off then Y will be getting the same Off on some other day
And about the shift
Since we are Open from 11am -11pm so we are giving two shifts to our employees
10 am-7pm and 2pm-11 PM
Any more queries?
From India, Bangalore
Hi Madhumita I am agree with your comments. If we got prior approval from Labour Inspector and give assurance to them for rotational basis holiday, it can be possible. Regards, Devender Kr. Sharma
From India, Delhi
From India, Delhi
The S & E Act says that the establishment should be closed for 1 1/2 consecutive days and not the employees. Thus by giving 11/2 days off to employees on staggard basis will not satisfy the Act.
The Malls, Food Bazars, Pantaloon Chain Stores are All India wide Establishments and will not be violating the basic Acts unecessarily. There must be some exemption notifications which empowers the Establishments to remain open 365 days.
I am based in Calcutta and I wish to know the if there is any notification from Govt. Of W.B. to this effect.
From India, Mumbai
The Malls, Food Bazars, Pantaloon Chain Stores are All India wide Establishments and will not be violating the basic Acts unecessarily. There must be some exemption notifications which empowers the Establishments to remain open 365 days.
I am based in Calcutta and I wish to know the if there is any notification from Govt. Of W.B. to this effect.
From India, Mumbai
Hi Nikhil,
Can you please give me details of this book on Bombay Shop and Est..i.e Exact name, author etc ...If the book is available online, please give me the url...I want to referer this book for Leave related policy
Thanks in advance,
Bhavin
From India, Mumbai
Can you please give me details of this book on Bombay Shop and Est..i.e Exact name, author etc ...If the book is available online, please give me the url...I want to referer this book for Leave related policy
Thanks in advance,
Bhavin
From India, Mumbai
Dear All,
I am responsible for HR & Admin in a Retail Store. We have already been through this. I will now explain the process we followed for our store. An application must be submitted with the consent of all the employees stating that they do not object to the store being open 365 days a year. Additionally, it should be mentioned that all store employees are provided with a Weekly Off on alternate days. This is the procedure for submitting an application.
Thank you.
From India, Mumbai
I am responsible for HR & Admin in a Retail Store. We have already been through this. I will now explain the process we followed for our store. An application must be submitted with the consent of all the employees stating that they do not object to the store being open 365 days a year. Additionally, it should be mentioned that all store employees are provided with a Weekly Off on alternate days. This is the procedure for submitting an application.
Thank you.
From India, Mumbai
There are certain provisions in all concerned Shop Acts of respective states where it is applicable. Some specific kinds of shops are exempted from the operation of the said Acts in respective states. For example:
The UP Shop Act clearly exempts eating shops, restaurants, shopping complexes, etc., from the provisions of the weekly closed day rule, which fall under the II schedule of the Act. All these exemptions are mentioned in the UP Shop Act.
Regarding the Punjab Shop Act, it also extends to Haryana. The Government of Haryana notified in November 2009 provisions for the online registration of employer establishments/shops. All establishments or shops that apply for and obtain online registration certificates are automatically exempted from the provisions of the weekly closed day and off day. I can provide the said notification for Haryana, including Gurgaon.
I would like to mention that in each Shop Act of the concerned state, there is a provision to file an application for an exemption from the applicability of specific sections in the concerned Shop Act to the Chief Labour Commissioner in that state. If the Chief Labour Commissioner, after reviewing your application and the arrangements you have made, deems it appropriate, they may pass an order exempting specific provisions such as the working of women in night shifts, maintaining electronic records instead of manual records, permission to open 365 days, etc.
I hope this information satisfies your query positively. I have already assisted numerous clients. For any help in obtaining an exemption from any provision, you can contact
.
Regards
From India, Delhi
The UP Shop Act clearly exempts eating shops, restaurants, shopping complexes, etc., from the provisions of the weekly closed day rule, which fall under the II schedule of the Act. All these exemptions are mentioned in the UP Shop Act.
Regarding the Punjab Shop Act, it also extends to Haryana. The Government of Haryana notified in November 2009 provisions for the online registration of employer establishments/shops. All establishments or shops that apply for and obtain online registration certificates are automatically exempted from the provisions of the weekly closed day and off day. I can provide the said notification for Haryana, including Gurgaon.
I would like to mention that in each Shop Act of the concerned state, there is a provision to file an application for an exemption from the applicability of specific sections in the concerned Shop Act to the Chief Labour Commissioner in that state. If the Chief Labour Commissioner, after reviewing your application and the arrangements you have made, deems it appropriate, they may pass an order exempting specific provisions such as the working of women in night shifts, maintaining electronic records instead of manual records, permission to open 365 days, etc.
I hope this information satisfies your query positively. I have already assisted numerous clients. For any help in obtaining an exemption from any provision, you can contact
Regards
From India, Delhi
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