Anonymous
Dear All, seeking clarity on the following -
While designing the office layout, is it required to keep the two offices ( Separate S&E RC, 100% Subsidiary company ) separate by having a partition wall and a separate amenities like canteen, restrooms, entrance etc?
Can two office operate from the same premise without any partition and can employees seat togethere and use the common amenities like canteen, restrooms and even same entrance door.
Please suggest the labour law-related compliance required in case of use of common office space.


I trust, atleast you maintain separate Name board, regn.,pay roll, statutory documents, accounts etc? Why can't you bifurcate offices by putting up partitions/cubicles to give an appearance that there exists two offices? I don't find reason why not to share common canteens, rest rooms, entrance etc.
From India, Bangalore
Thanks, Mr. Kumar, all the records are maintained separately for both companies.
Want to understand if there is any legal guidance/ logic to bifurcate office. Can people sit together like they will sit in co-working space? Reason for doing this is to optimise the space utilization.


Dear Akashshukla2000,
According to me, there won't be any issue if the employees of both the companies sit in one office mixed together. Only thing is that you should maintain the registers including muster roll of both the companies separately. Separate name boards out side of main entrance, separate S&E registrations etc. shall be maintained.
Your both the companies, already there are common factors as I find. There is no point to have separate demarcation or separate amenities and increase the cost unnecessary.
Whether you have separate demarcation between both the companies or not, both the companies will be clubbed together for the purpose of applicability of Social Security Acts.

From India, Mumbai
I don't see any legal hurdles provided if you comply with provisions of the GST/PT/Labour laws. Staff sitting together and sharing common facilities will have no problems. In fact many of modern business hubs/IT Corridors, complexes function like this only. However, your have not mentioned in which state your units are functioning. Better take of the stipulations provided in the Shops & Commercial Estts Act of your state and take appropriate action. No worry.
From India, Bangalore
For e.g., If you are covered under Maharashtra Shops & The Maharashtra Shop and Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 - establishment license not required for less then 10 employees. And it's defined that-

xxxx|

(21) “shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, go down, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory;

xxx

You didn't mention in which state your operations are being conducted, I think you should go thru' & comply with the stipulations in the respective state act/rules applicable. However I don't see any legal hurdles if facilities are shared and/or staff siting together etc as you described. In fact lots of commercial complexes. IT parks, malls are functioning in this fashion. What's matter is when the size of the manpower is high and more female staff who have to attend to infants are involved where measures like maintaining creche, fire safety measures etc have to be complied with. Otherwise No worry.

From India, Bangalore

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