Nikkyblue
Asst Manager Hr
R0185ria
Hr Generalist
Essykkr
Statutory Complaince/labour & Employment
Themitra
Retd Human Resource Manager

Shops & Establishment Act
THE ABOVE ACT SPECIFIES THAT A SHOP / ESTT SHOULD BE CLOSED FOR 1&1/2 DAYS CONSECUTIVELY. HOW COME THE SHOPPING MALLS / FOOD BAZAR / VISHAL GARMENTS SHOPS ETC ARE OPEN ON ALL 7 DAYS OF THE WEEK. THIS IS ALLOWED UNDER WHICH LAW / RULE ??
IF THEY ARE EXEMPTED THEN UNDER WHICH LAW/RULE?? WHAT IS THE PROCEDURE TO GET SUCH EXEMPTION??
8th January 2008 From India, Mumbai
Good question...
Few days ago I wrote a policy guiding office hours/ break timings etc ( i work for a logistics firm in mumbai) and gave it to my boss..He removed Bombay Shop and Est. Act and asked me to read it ( didnt say anythign about policy). When i started reading it, I was bowled over readign its provisions. It lays down many idealistic provisions such as working hours should not exceed 9 per day etc etc...now after every list of such regulatory provisions, there is a footnote saying above provisions can be relaxed in certain cirumstances. This footnote is pretty misleading and creates loophole in provision..When i took my query to boss that neither we not industry is following this act, he cudnt come up with an convincing answer..All i understood was such acts are grossly voilated and its difficult for us to abide by them...
I dont have any answer if someone accuses us for voilating S & E Act,
rgds
nikhil
8th January 2008 From India, Mumbai
hi All
Regarding the same I spoke to Labour Inspector
We have also to give them atleast 10 days national holidays and 27 Leaves to the employees.
But since our outlets are opened 365 days a year so whats the solution for the same...
According to the rule we have to provide them all these facilities but we have to give it on a rotaional basis.
That means if employee X is getting 26 th Jan off then Y will be getting the same Off on some other day
And about the shift
Since we are Open from 11am -11pm so we are giving two shifts to our employees
10 am-7pm and 2pm-11 PM
Any more queries?
8th January 2008 From India, Bangalore
Hi Madhumita I am agree with your comments. If we got prior approval from Labour Inspector and give assurance to them for rotational basis holiday, it can be possible. Regards, Devender Kr. Sharma
8th January 2008 From India, Delhi
The S & E Act says that the establishment should be closed for 1 1/2 consecutive days and not the employees. Thus by giving 11/2 days off to employees on staggard basis will not satisfy the Act.
The Malls, Food Bazars, Pantaloon Chain Stores are All India wide Establishments and will not be violating the basic Acts unecessarily. There must be some exemption notifications which empowers the Establishments to remain open 365 days.
I am based in Calcutta and I wish to know the if there is any notification from Govt. Of W.B. to this effect.
9th January 2008 From India, Mumbai
Hi Nikhil,
Can you please give me details of this book on Bombay Shop and Est..i.e Exact name, author etc ...If the book is available online, please give me the url...I want to referer this book for Leave related policy
Thanks in advance,
Bhavin
9th January 2008 From India, Mumbai
Dear All,
I'm taking care of HR & Admin in a Retail Store. We have been through this. I'm telling you the process we followed for our storeAn application has to be made with the consent of all the employees that they do not have any objection if the store remains open for 365 days a year. Also, stating that all the employees of the store are given a Weekly Off on alternate days. This way an application can be made.
10th September 2010 From India, Mumbai
there are certain provisons in all concerned shop act of respective state where there it is applicable. Some specific kind of shop being exempted from the operation of the said Acts in respective state. For eq.

UP Shop Act clearly exempted eating shop, restro, Shopping complex etc for the provisions of this weekly closed day rule which are falling under II schedule of the Act. and all these are mentioned the UP Shop Act.

As far as concerned about Punjab Shop Act also extended to Haryana. the Govt of Haryana have notified in last Nov 2009 provision for registration of employer establishment/shop online. And All those establishment or shop those applied & obtained online registration certificate , automatically exempted from the provisons of weekly close day and off day. For Haryana including Gurgaon i can provide the said notification.

Apart from this i would like to mention here that in each and every shop Act of concerned state there is provision to file application for exexption from applicablity of specific section in concerned shop Act to the cheif Labour Commissioner in that state. if the CLC after going through your application and the arrangment you have made found appropriate then may passed an order from operation of praticular provisions like working of women in nightsift, maintaining electronic record instead of manual, permission to open 365 days etc etc.

Hope statisfy your query positively. Already done for no of clients. For any help and obtaining exemption from any provision can contact

regards
11th September 2010
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