Dear concerns, According to the AP shop and Establishment Act 1988, there is a weekly holiday on Sunday or any other day in the states.
In some areas, Tuesday declared as weekly Holiday, for that reason my company getting some trouble with those Branch. Main Branch and related or are being closed on Sunday, but two branches are working on Tuesday for local influence. the act also agreed that but I want to change Sunday as a weekly Holiday in lieu of Tuesday.
I talked to area Acl but he did not agree with my proposal for Sunday as Holiday. he sticks on Tuesday as Holiday.
I cant take 365-day permission, it so highly expensive to org.,
Please help and guide me. if I get any permission from DCL or any other officials relating to this.
From India, Visakhapatnam
3In some areas, Tuesday declared as weekly Holiday, for that reason my company getting some trouble with those Branch. Main Branch and related or are being closed on Sunday, but two branches are working on Tuesday for local influence. the act also agreed that but I want to change Sunday as a weekly Holiday in lieu of Tuesday.
I talked to area Acl but he did not agree with my proposal for Sunday as Holiday. he sticks on Tuesday as Holiday.
I cant take 365-day permission, it so highly expensive to org.,
Please help and guide me. if I get any permission from DCL or any other officials relating to this.
From India, Visakhapatnam
Shops and Commercial Establishments Act provides for one closed holiday and it is up to the establishment to decide on which day it should observe that weekly holiday. At the same time, the establishment is in a position even for exemption from this provision and accordingly hotels and restaurants have already got exemption from the operation of this section. Similarly, IT companies are also given flexibility in selecting weekly holidays for their establishments. In this scenario rejecting the request for a change in weekly off/ holiday by the appropriate authority under the Shops and Commercial Establishments Act is not proper and ultravires/ beyond the his authority. Therefore, I would say that you should first publish a notice of change in weekly off ( as is required as per section 9A of the Industrial Disputes Act) and ensure that employees do not have any objection to that change. After 21 days of such publication you change the day of weekly closing and put it in the notice board. You need not have to get any concurrence from the Labour department for effecting such change, I understand.
The above advice is as per my understanding based on laws applicable in Kerala. Please correct if I am wrong.
Regards,
Madhu.T.K
From India, Kannur
The above advice is as per my understanding based on laws applicable in Kerala. Please correct if I am wrong.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu Sir,
What if some employees have objection for changing the weekly off/holiday after publishing notice.How does the employer go ahead?
Should the employer take written consent from all employees if all the employees have agreed for changing weekly off?
Regards,
Suresh
From India, Bangalore
What if some employees have objection for changing the weekly off/holiday after publishing notice.How does the employer go ahead?
Should the employer take written consent from all employees if all the employees have agreed for changing weekly off?
Regards,
Suresh
From India, Bangalore
If employees have objection, naturally, it will become a dispute and you will have to settle the dispute before effecting such changes. Under this circumstances the general opinion of the employees will be considered and the others who defend will have to follow it as majority decision. A meeting shall be convened and the minutes recorded and that will serve as consent from the employees.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Normally what the Shops Act is concerned is that the establishment shall remain closed one day in a week.However Some Shops Act like Bombay Shops Act vested power in the local authority to fix a specific day as holiday for a specific locality after ascertaining the views of the associations, employers and employees in that locality. Probably the A.P Shops Act may have such provision. However,power has also been vested in the authority to fix different days as holidays for different establishments as is provided under Bombay Shops Act. Similar alternative must have also been in A.P Shops Act. Kindly verify teh Act and make an application to teh ACL for change of holiday along with consent letters of the employees since that seems to be the foundation for declaring a local holiday. Trust your request will b e considered.
B.Saikumar
Mumbia
From India, Mumbai
B.Saikumar
Mumbia
From India, Mumbai
Dear Vishnu and others, The Labour Department has powers to declare weekly holiday of shops and establishments in various neighbourhoods, for exemption from it you have to approach the appropriate authority. I have gone through the AP Shop & Establishment Act, it only provides among the duties of Inspector regarding weekly holiday but change thereof is not mentioned. I could not check up on the Rules thereof. It is also not clear whether you are a shop or an establishment. Regards
From India, Bhopal
From India, Bhopal
Any change in Service conditions are to to be dealt with provision 9A of ID Act. Secondly, various factors affecting the area of business, infrastructure like logistics support, power supply, working pattern of other auxilliary units, political influence, etc are to be considered. Check up these factors and the provisions of Factories Act or AP S&E Act, as applicable, to arrive at a decision
From India, Mumbai
From India, Mumbai
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