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i am running a proprietor firm. I have 4 employee and my self 1 Proprietor i.e total 5 persion. What acts/rules applying on my firm and make compliance’s. Please advice for further work.
From India, Mumbai
Freelancer In Hr &indirect Taxes For
Bhartiya Akhil
Advocate Prem Chanda Yadav
Resource Manager - Hr
Payroll Software, Pf, Esi Services


Dear Prem, kindly elobarate your nature of business. is it shop, industry or factory ?
From India, Chennai
Advocate Prem Chanda Yadav

Dear Moses It is shop. Nature of work is Service Provider. Thanks.
From India, Mumbai

Dear Prem, Shop and establishment act will be applicable to your firm. ESI, PF acts will be applicable once you have a minimum of 10 Employee.
From India, Chennai

Dear Prem,
THE TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947 will be applicable to you and accordingly other compliances mentioned in the Act.
ESIC will be applicable once employee strength will reach 10 or more.
PF will be applicable once employee strength will reach 20 or more.

From India

Attached Files (Download Requires Membership)
File Type: pdf tn-shops-and-establishments-act_1947.pdf (198.0 KB, 26 views)

Advocate Prem Chanda Yadav

Dears is For Shop & Establishment Act no minimum employee strength required ? like 5 or 10 or ?? If this act apply then have to pay 1. Annual leave/CL/SL/Maternity Leave 2. Bonus 3. Paid Holiday etc.
From India, Mumbai

Yes , Shop and establishment act will be applicable

Bhartiya Akhil

Dear Prem Chanda,
From your profile, you are from Mumbai and you are Labour Laws Consultant.
Hope you are not testing us.
In Mumbai, to you Maharashtra Shops and Establishment Act 2017 is applicable. Since you have less than 10 employees, you need to submit an intimation online under the MS&E Act 2017.
You need to give salary to your employees as per the Minimum Wage rate as applicable to Shops and Commercial Establishment.
You need to give weekly off. Eight hours work in a day.
Leave with wages one day for every 20 days worked performed during previous year, if your staff works for 240 days in that calendar year. Please read section 18(4) also to get clarity on if staff employed for more than 3 months. Accumulation up to 45 days. Encashment of leave in excess of 45 days.
Apart from leave with wages, you need to give 8 days casual leave and 8 days festival holidays in calendar year in which 26th Jan, 1st May, 15th Aug & 2nd Oct are compulsory. Maternity Leave is applicable as per Maternity Act. Bonus Act is not applicable to you.
Hope you will give me 10 out of 10 marks being you are a Labour Laws Consultant. If you have any further query, please employ me in your company. I am too from Mumbai.

From India, Mumbai
Advocate Prem Chanda Yadav

Dear akhil
Thanks for reply in so brief.
if we see most rules/acts are defined minimum strength acooringly applied.
But in shop and established act mostly act cover.
Like for working hrs, leave, compensation, bonus, wages, minimum wages etc. Then what things left.
I put this query not test any one just for make clear my doubts so I can gives proper reply to authority.
Expecting some more so that be safe from future liability.👍

From India, Mumbai

A service provider needs to get
1.Shop and establishment act license.
2.Should be registerd under GST subject to limit of business trun over.
3.If he has 10 or more employees then he is to get registerd with
a)PTEcand PTRC.
d)If contracting manpower more than 50 in maharashtra
Then Contract labour license required.

From India, Vadodara
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