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mandhadi2010
Hi Team,
I had just started my career in IT Industry, I just want to know, whether , certfication of Registration (under shops and establishment act) required for IT comapnies, and any other labour laws relating to IT companies.
Seniors plz help and guide.
Thank you

From India, Hyderabad
Madhu.T.K
4193

Certificate of Registration under the state's Shops and Commercial establishments Act is the basic document permitting you to employ workmen. Simply due to the fact that IT is manned by highly qualified and highly paid professionals, you can not escape from complying with the provisions of various Acts like EPF Act, maternity Benefit Act, Workmen's Compensation Act, ESI Act (if situated in the implemented area), Payment of Bonus Act, Payment of Gratuity Act etc. Let us keep all the employees/ professionals who are handling high responsibilities away from these Acts, but let us give some social security to those who do not come under the definition of professionals. Therefore, please get your firm registered under the Shops and Commercial Establishments Act and similar social security enactments applicable to your establishment.
Regards,
Madhu.T.K

From India, Kannur
v.harikrishnan
169

Dear Mr.Mandhadi
In Tamilnadu, the Tamilnadu Shops and Establishments Act is in force. This Act does not require that shops/establishments/commercial establishments should be registered under this Act. Therefore if your establishment is in Tamilnadu you need not take out a registration under the Tamilnadu Shops and Establishments Act. If your establishment is situated in other States, please check the Act relating to Shops and Establishments in that State and see whether registration is required. A better option would be to consult the Labour Department of that State. As on date there is no law relating to Shops and Establishments having all India applicability.

From India, Madras
Madhu.T.K
4193

It is surprising to know that under Tamil Nadu Shops and Commercial Establishments Act, registration of establishments (or IT establishments?) is not mandatory. But the rules pertaining to registration of shops and establishments in Kerala, ie, the Kerala Shops and Commercial establishments Act, are very stringent that the enforcement authorities, ie, the State Labour Department, do not spare even an establishment employing one person!
I believe that other states also follow the same ruling of Kerala with regard to registration.
Regards,
Madhu.T.K

From India, Kannur
v.harikrishnan
169

Dear Mr.Madhu
The Tamilnadu Shops and Estalishments Act does not have a provision for registration of shops/establishments/commercial establishments. Any shop or establishment or commercial establishment functioning in Tamilnadu starting from a small shop to big establishments like IT establishments are not bound to register as there is no provision for registration.

From India, Madras
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