Madhu.T.KAs per Kerala Shops and Commercial Establishments Act all who are employed in and in connection with the establishment are employees. This will include managers also. However, the manager having control over the affairs of the establishment will come under the definition of Employer as defined in section 2(7) of the Act. It is to be noted that the word used here is to include only that person (single person) who is either the owner of the establishment or the manager having control over it. That means all managers by function or by mere designation will not become employer.
Truly, section 3 says that nothing in this Act will be applicable to persons in managerial positions and those whose work mainly involves travelling (sales officers). The Act provides for health, safety and welfare of employees, like hours of work,overtime payment, holidays, leaves etc. very simple, the holidays declared by the establishment will not be applicable to them, they are not entitled to overtime wages, they cannot take leave as their right,,,,,,etc etc.
From India, Kannur
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