BSudars20
Dear All,
I am in the process of streamlining the HR process in terms of statutory compliance for an automobile showroom.
I understand that the we have to follow guidelines as per Shops & Establishment Act.
As the employee strength of all branches put together is 500+ employees; I request support and suggestions on the mandatory compliance activities with relation to the premise and associated employees.
Thanks & Regards.

From India, Patna
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Bhartiya Akhil
Freelancer
BSudars20
Hr Consultant

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umakanthan53
5919

If any show room is included in the plan approval by the Inspector of Factories for the service station as one within the premises, then the members of staff of the show room would be coming under the provisions of the Factories Act, 1948.
From India, Salem
BSudars20
Dear Sir, @Mr. Umakanthan the service station is situated separately i.e at a different location.
From India, Patna
rkn61
561

Service centre shall come under Factories Act,1948 and Show room branch office will come under purview of Shops & Establishments Act.
You need to comply with following statutes
1) PF Act
2) ESI Act
3) Shops & Commercial Establishments Act
- payment to Labour Welfare fund
- Remittance to Professional Tax to Panchayat/Municipality/Corporation
For service centre
- compliance under various provisions of Factories Act
Maintenance of records, etc.

- payment under minimum wages act, payment of Wages Act, Payment of Bonus Act, and Payment of Gratuity Act etc. (applies to Show room and Service centre)

From India, Aizawl
BSudars20
Thank you Sir @rkn61 Would you be able to refer checklist of any sort as a quick reference for HR personnel.
From India, Patna
Bhartiya Akhil
182

Dear BSudars20,
In addition to what Radhakrishan Nair said above, you are also liable to make compliance of POSH Act at every work place.
It seems from your profile that you are HR consultant and undertaken an assignment of streamlining the HR process in terms of statutory compliance for an automobile showroom. Your client seems to be a large company having multi location existence, may be having existence multi states also, which we do not know. You need to observe the local laws also.
If any kind of manufacturing activity as defined under the Factories Act, is carried out in the show room, that MAY fall under Factories Act. You have to handle it very delicately, smartly. There are many ambiguities in Laws. Kindly bear in mind that repairing, oiling, washing, cleaning all this comes in manufacturing activity.

From India, Mumbai
BSudars20
Thank you @Akhil Bhartiya
Appreciate you bringing up the subject of implementation of POSH in workplace.
Yes, as you guessed I have taken up this assignment recently and the company has its dealer showrooms across the state of Jharkhand (not multi-state though). I have around 9 years of experience in which 6 years of association has been with a manufacturing MNC.
We plan to implement the compliance measures in phases and streamline the showroom activities first and then gradually move towards the premises falling under factories act.
Regards,
Sudarshan

From India, Patna

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