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Hello, What is the difference between factory act and shop and establishment act. Regards, Amit Sharma
Well to know the difference between Acts, you must go through the Acts one by one which is the best way to get good understanding
But in simple way, The Factories Act is a social and national legislation act which has been enacted for occupational safety, health and welfare of workers at work places. And it applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
For more : http://labour.nic.in/upload/uploadfi...ct,%201948.pdf and India. The Factories Act
Shops and Establishment Act: is a state legislation act and each state has framed its own rules for the Act. The object of this Act is to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employer’ family. The shops and establishments Act of different states extend to the whole of the state and within each state, it covers such areas as the State Government may notify from time-to-time.
for more visit : Shops and Establishments
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shop and establishment applicability
Factories Act is applicable to a premises where manufacturing process is carried on in which ten or more persons are employed.manufacturing process means the process of making an article or effecting a change in an article through various methods like polishing or cleaning or repairing or oiling etc to make it for use or sale. Having regard to the fact that a manufacturing process may involve risks like operating machines or hazardous processes and substances,, the Factories Act prescribes various provisions extensively for safety, health and other regulatory provisions relating to lighting ventilation, maintaining certain degree of humidity and temperature etc. maintaining .A shop or commercial establishment in contrast to a factory does not indulge in any manufacturing process but engages in trading of goods or services or in commercial operations like selling services etc. and their activities are regulated by the Shops and Establishments Act which thus prescribe,among others,rules for opening and closing hours of the establishment , working hours rest intervals, weekly offs , leave and general safety of employees.
HR & Labour Law Advisor
Factory Act is applicable for any establishment who is engage in manufacturing and production activities with or without help of electricity and demands better working condition, health and safety for workers
Shops and establishment Act is applicable for all other establishment who are not engage in manufacturing and production activities and it regulated working hours, conditions of work etc.
For example : you are manufacturing toys and 20 people are working in your organisation. This will fall under factories Act
Yours is. Sales and distribution company and has any no of employee from 1 to 1000 it falls under shops and establishment Act. The panwala hotelwala to big corporate offices all falls under shops and establishment Act
Factor Act is applicable without any geographical conditions and is enforced through State Government.
Shop and Establishment Act is applicable to Urban areas ( in specific cases State will notify the geographical area). The Act is enforced by Local self Government, i.e. Municipality or Municipal Corporation as the case may be.
In F.Act there are extensive provisions for protection of safety and health at work while in S & E Act there are no provisions for OHS except provisions like water, sanitation and weekly off.
factory' Act is for manufacturing organizations where the production activities are taking place either with the help of electricity or without the help of power.
If an organization does not utilise electricity for their manufacturing porposes, it is coming under Shops and Establishments Act.
Also please note that an organization managing a factory and also a sales office and/or administrative office and/or corporate office, those offices are covered by shops and establishments act.
To understand the acts, you have to go through the books of law.
I would like to know the difference between the security personnel wages of shops and establishment and notified wages (higher) in GO No 43 dt 28 May 2010 vide rates have been fixed recognizing security as industry , especially in AP
Is there any GO that which ever is higher principal employer has to follow the same as one client wish to follow Shops and establishment being lower rates
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