Haryana Shop and establishment Act - leave policy.. CiteHR
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Haryana Shop And Establishment Act - Leave Policy

faridahmed100@gmail.com Started The Discussion:

Hello Everyone,
Our company is a US based MNC based out of Gurgaon. We have just a small manpower of 10employees working on our payroll. Just wanted to check if we have to obligate the rules and regulations under Punjab shop and establishment Act or not? We have yet not registered, so do we have to undergo the registration? Thanks!
Regards

bunu_roopa - Contributing Member
Dear Farid, You would be required to register under Shops and Establishment Act and comply with various other labour laws. regards

We are putting in place a call center in Gurgaon and the employee's shifts will be 4 days per week 12 hours per day. For the Statutory Holidays, would the employees be entitled to paid holiday equivalent to a normal 8 hour working day or would they be entitled to paid holiday for their average working day ( 12 hours)?

For the Paid leave our current terms and conditions letter provides for 15 days or 120 hours of paid leave. Would we be expected to provide 15 days of leave for 12 hours per day ( the employees average work day) or would it be acceptable to continue to provide 120 hours of paid annual leave?

R.N.Khola - Contributing Member
Dear

You are working in Gurgaon (Haryana) & you are therefore to follow the Punjab Shops & Commercial Establishment Act, 1958 as applicable to State of Haryana along with other Labour laws but after going through your statement you are not following this Act by taking work from employees for more than specified maximum working hours per day & thus you are violating section 7 of this Act. You are also not granting Annual Leave with wages to your employees as per section 14 of this Act. Therefore you are hereby advised to go through Punjab Shops Act, 1958 & run your establishment according to the Laws applicable to you.

Opinion/ comments submitted as requested & as whatever observed from your query.

With Regards,
R.N.Khola
Sr. Associate(LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

shaileshkw - 
Can any one help me about shop & Establishment registration at haryana ( Hasangarh). Hasangarh covered under shop & establishment or Exempted. Regards Shailesh K.Rao

R.N.Khola - Contributing Member
Dear Shailesh,

It is hereby made clear that at present this Punjab Shops & Commercial Establishment Act, 1958 as applicable to State of Haryana is applicable through out the State & therefore all the Shops & Commercial Establishment are under covered under this Act whether the Establishment is situated in rural area or in city area. For getting Registration you may contact the office of Shops/Labour Inspector of your area.


With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449
Quote:
Originally Posted by shaileshkw View Post
Can any one help me about shop & Establishment registration at haryana ( Hasangarh).

Hasangarh covered under shop & establishment or Exempted.

Regards
Shailesh K.Rao

ssonu81 - Contributing Member
Dear Mr. Khola,

My company has also register itself in this act but we are into exploration business , please can you let me know why we need to get registered in this. What about the leave policy that we should follow ? Head office is based in Gurgaon and we have sites all over India . Total number of employee in office are 12 whereas site employee are above 100 , we are looking forward for leave policy for office based employees, do we need to follow shop and establishment act or industry act .

Please advice
Thanks
Shweta

R.N.Khola - Contributing Member
Dear Shweta,

Sorry, I could not understand the term ‘exploration business’. If you do not have any manufacturing activity/ process then your establishment is covered under the Shops & Establishment Act & you must be knowing that this Act is a State Act. Most the States have enacted this Act to regulate the working conditions of the employees working on these establishments. Registration of the establishment is mandatory under the applicable Shops Act. You are to follow Shops Act of the respective State where your offices are located. Your H. O. is also covered under the Punjab Shops & Commercial Act, 1958 as applicable to State of Haryana & as you are also employing twelve employees at your head offices you are to deposit registration for Rs. 5000/- for a span of three years. A no. of members has given different leave policies on different threads. Go through them & keeping in mind the minimum statutory leaves as applicable in your case finalize you leave policy.
Opinion/ comments Submitted as requested.


With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

ssonu81 - Contributing Member
Dear Mr. Khola,

We are drilling contractors........ we have already deposit the fee for Rs. 5000 but i am confused how come we fall under this act..... we are changing our leave policy and all the employee will cross question on this.................
need to understand everything about this act

do you think we should follow the leave policy as per this act
thanks
shweta

R.N.Khola - Contributing Member
Dear Shweta,

If you want to understand every thing then go through the Punjab Shops & Commercial Establishment Act, 1958 as applicable to State of Haryana. If you are going to change your leave policy of your establishment then before effecting such change plz go through section 9A under Chapter IIA of the Industrial Disputes Act, 1947 for effecting such change. If you are to give only bare minimum statutory leaves then there is no need of framing any leave policy. Adhere to the laws relating to the grant of different kind of leaves. For removing the confusion you should go through applicability clause under that particular Act.


With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

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