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New labour code and sales persons etc of establishments covered by shops and commercial establishments act- need clarification
The occupational safety health and working conditions code 2020 covers sectors like factories mines dock plantations and activities like construction beedi and cigar manufacturing cine production and conditions of service of sales personnel interstate migrant workers and employment practice of contract work. but the establishments which are not factories mines or plantations but are covered under the respective states shops and commercial establishments act will continue to be covered by that act. if that is correct i need one clarification ie 1will the sales personnel employed in such shops/ commercial establishment be covered by the occupational safety.code? 2will the contract labour and interstate migrant labour in the commercial establishments be under the said code? now the present act ie sale promotion employees condition of service act 1976 covers only sales personnel of certain industries. initially it was meant to cover sales personnel of pharma industry but later on some 10 or 11 industries were added and obviously there are a number of industries which are yet to be covered. the code has no reference as to which sector should they represent and naturally it should be understood that they will be covered irrespective of industry. that widens the scope of sales promotion employees. but is it possible that sales promotion employees of a trading organisation covered under the shops and commercial establishments act which is out of the purview of the code become part of the code? if sales promotion workers are covered the clerks and others who are working in the shops and establishments only will be left out. under the code inter state migrant labourers shall include those recruited directly by the employer but under the existing act those who are recruited and paid directly by the employer is not an interstate migrant labour. similarly there are different treatment with regard to contract labour under the code. my question is if a shop is not covered by the code is it possible to cover certain employees like sales personnel migrant workers or contract workers only under the code? if yes how can the shop/ commercial establishment obtain registration? it may also be noted that the definition of motor transport worker excludes workers working in the office of the transport company which is under the shops and commercial establishments act madhu t k
Shops & establishments leave benefits to employees transferred to contract?
We have 62 on roll employees due to some internal issue we transferred to contract employees all are completed more than 4 years in my organisation. please guide me how many leaves they can get under shops & establishment? example
Principal employer under contract labor and shops and establishment act
Hello could someone pls let me know whether a foreign director can be a principal employer for the purpose of contract labor and shops and establishments act . such director will reside in india only for a short period during a year. thanks and regards amita
Shops establishments
Hi friends can u please help me in any one regarding shops & establishments what are all the forms u have to submit after register in labour dept monthlyhalf yearlyyearly please let me know. regards anil
Shops and establishments
Dear friends i am new to this board and i am not very thorough about acts and rules. i therefore would remain thankful if you kindly let me know what all are covered under the category of 'shops & establishments' ? is the head office of a manufacturing company an establishment ? if not then what should be its category ? regards suchak gupta
Query - shops and establishments act
Hi i had a query with respect to the applicability of shops and establishments act. the employer/company is located in state a and the place of employment of a prospective employee as mentioned in the offer letter is state b. so as per this situation which state s shops and establishments act will govern the employee state a or state b? further to clarify the company has no branch office in state b where the employee is supposed to work from. thank you in advance