1. You may have different RCs under Shops...Act for each office but the controlling authority is the same.
2. There occurs funds transfer from one establishment to another
3. Accounting work is maintained at one office, say, the head office of the group where people will do the work of all the establishments.
4. Employees in one establishment will be transferred to another establishment. It can be a temporary arrangement also.
5. You do not have a reporting officer in your office but will ask for leaves, salary advance etc to another person sitting in another office, say, HO.
The above mentioned are some of the tests to prove that for the purpose of labour law compliance, all establishments under the management should be brought together. Now you decide how many employees you have and act accordingly.
26th October 2018 From India, Kannur
But here is the twist in the situation. This 10 employees ctiteria had been overseen by us and I have already availed 5 months salary from that company having two employees. Now suddenly Management had come with this section and saying you were not eligible for Maternity Leave.
I want to ask that even if law is not allowing Maternity benefit for two employee company, can Management give this benefit at its descretion? Is there any non compliance if Compamy takes stand that this leave was given at the discretion of Management.
26th October 2018 From India, Mumbai
They can give extra benefits also.No law stops them from giving some benefit or payment.
But employee cannot demand what is not authorised by law or mutual agreement.
26th October 2018 From India, Pune
27th October 2018 From India, Kannur
#AnonymousAs per my understanding Shops & Establishments License is issued to Companies having 9 or more employees. In fact, if you try to get a license online and indicate you have less than 9 employees, you can't go further. I mention this because if your Company goes for renewal, there is a chance they will be told its not necessary. So you may not get any S&E benefits.
1st November 2018 From India, Mumbai