Dear All,
The definition of the term "employee" in Section 2 of the Shops and Establishments Act, 1948 is broad enough to encompass all employees except for members of the employer's family. Does this imply that all executives working in a commercial establishment would be entitled to overtime salary/wages?
From India, Pune
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38The definition of the term "employee" in Section 2 of the Shops and Establishments Act, 1948 is broad enough to encompass all employees except for members of the employer's family. Does this imply that all executives working in a commercial establishment would be entitled to overtime salary/wages?
From India, Pune
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Yes. every person employed in the establishment including executives covered under Bombay Shops Act 1948. B.Saikumar HR &labour Law Advisor Mumbai 09930532927
From India, Mumbai
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From India, Mumbai
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My query was more particularly with regard to the eligibility of executives for overtime allowances based on the fact that the Act is applicable to all, other than the employer and members of his family. Now, when it is beyond all doubt that everyone is covered, does it mean all employers, whether in the private sector or public sector, are violating the provision of the Act by not paying overtime allowances to the executives when they are made to work overtime?
From India, Pune
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From India, Pune
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I also have a similar query. The definition of "employer" also includes managers. Does this mean that assistant managers, deputy managers, and above are not covered by OT provisions (not entitled to OT) or working hours provisions, as they fall under the definition of "employer" and not into the definition of "employee" under the Punjab Shops and Commercial Establishments Act? Learned members may kindly guide.
From India, Delhi
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From India, Delhi
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Over time is not admissible under Shops Acts to those who fall within the purview of the definition of employer as defined in Delhi Shops Establishments Act or those who act as an agent of the employer in controlling the affairs of the establishment.
B. Saikumar HR & Labour Law Advisor
From India, Mumbai
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B. Saikumar HR & Labour Law Advisor
From India, Mumbai
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