Shop & Establishment Act across Pan India - leave policy
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Shop & Establishment Act across Pan India

parab2007 Started The Discussion:

Wishing everyone belated Happy Dassera,

We come under the purview of Bomaby Shops & Establishment Act , having "Head Office" in mumbai & across pan India. We have our own set of policies which includes "Leave Policy" drafted as per Bombay Shop & Establishment Act.

Now my question is for my other branches, do i have to draft leave policy as per state wise or is it ok if I follow the same policy which is drafted as per my Head Office i.e (Bombay Shops & Establishment Act)

I request all you to kindly throw some light on this issue, as my VP says the Leave should be drafted as per state wise.

Thanking you all in advance

R.N.Khola - Contributing Member
Dear member,

As we all know that Shops & Establishment Act is a state Act & we are obliged to enforce different leave provisions according to these different state shops Acts. Leave provisions are at not uniform in all the states & therefore how we can adopt Bombay Shops & Establishment leave provision for other states. To avoid this irregularity you can frame leave policy keeping in view the highest no. of leaves under different heads to be granted under any of the respective Shops Acts.

Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
Labour Law Consultants (m) +91 9810405361
www.skylarkassociates.com/

ramneet.s - Contributing Member
The basic difference that would arise is with regard to the list of holidays because there are few states which make certain leaves compulsory and that has to be adhered with.

So just get in touch with the state authorities and they can provide you the details.

Hope this helps

Regards
Ms. Ramneet

malikjs - Senior Member
dear
mr Khola is absolutely right.if you want to have one policy than draft a policy by conisering maximum nuber
of leaves provided by a state otherwise you are required to have different policy for different states

Yes, since Shop Act is a state-wise item as well leaves. You need to draft the leave and other relevant rules as per the respective State Shop Act only

Quote:
Originally Posted by parab2007 View Post
Wishing everyone belated Happy Dassera,

We come under the purview of Bomaby Shops & Establishment Act , having "Head Office" in mumbai & across pan India. We have our own set of policies which includes "Leave Policy" drafted as per Bombay Shop & Establishment Act.

Now my question is for my other branches, do i have to draft leave policy as per state wise or is it ok if I follow the same policy which is drafted as per my Head Office i.e (Bombay Shops & Establishment Act)

I request all you to kindly throw some light on this issue, as my VP says the Leave should be drafted as per state wise.

Thanking you all in advance
Yes your VP is correct. It differs from one state to other state there is no other way rather than reading the respective SE act of state. Then we have to tabulate the leave eligibility of each state and start comparing.
If you want to make it uniform across PAN India, then you have to choose the highest benefit extended by that state and you to formulate accordingly.

regards,

Atla SRINIVAS

yogi067 - Contributing Member
Hi

If your leave policy is more beneficial than any of the state's S&E regulations, then it will be valid otherwise you can't impose one state's S&E leave rules on any other state which is more beneficial than former one.

YK

Dear,sir

As per shops & establishments act if we do not have any labour at your premises if you are getting the work done by casual labour when u need are there any rules to be followed or any records to be maintained for a shop or retail trade

R.N.Khola - Contributing Member
Dear Member,
If the casual workers are on the rolls of the Establishment/Shop then you are to give leave & holidays in accordance of the State Shops & Establishment Act applicable to you.

With Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
Quote:
Originally Posted by jaithaacker View Post
Dear,sir
As per shops & establishments act if we do not have any labour at your premises if you are getting the work done by casual labour when u need are there any rules to be followed or any records to be maintained for a shop or retail trade

skariah - 
can any one please let me know if there any amendment in kerala shops and establishments rules in the schedule and forms Shibu

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