Understanding 'Shops & Establishments': Does a Manufacturing Head Office Qualify?

Dear friends,

I am new to this board and I am not very familiar with acts and rules. I would be grateful if you could please inform me about what is covered under the category of 'shops & establishments'? Is the head office of a manufacturing company considered an establishment? If not, then what category should it fall under?

Regards,
Suchak Gupta

Dear Mr Suchak,
Good Morning!!!
As desired by you :-

Establishment defines as –“Establishment” means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes-
A. Administrative or clerical service appertaining to such establishment.

There are some important clauses are required for the exemption from provisions of Shops and Establishment Act,1953.

1. Employer shall make suitable arrangement regarding safety, security and transportation of all the employees, who have been asked to work overtime.
2. Overtime wages should be paid to eligible employees at double rate of wages and in accordance with the provision of Bihar/Jharkhand Shops & Establishments Act, 1954.
3. Employees working on National Holidays shall be given compensatory leave in lieu thereof and double rate of wages as overtime.
4. Weekly off day will be allowed to employees in rotation.
5. Shift working shall be by rotation so as to ensure that no employee is forced to work in night shift only.
6. A copy of this order shall be displayed on the Notice Board by the Employer.

Thanks and Regards,
Nishi Kant

Dear HR Fraternity,

I would like to seek clarification on the Shops & Establishments Act. Our organization operates in the DTH (Direct-to-Home) industry in Chennai and is registered under the Ministry of Information & Broadcasting. I have heard that if an organization is registered under MIB, it may not be necessary to be covered under the Shops & Establishments Act. Could you confirm if this is accurate? If so, would it be possible for me to obtain a legal document or proof stating that the DTH industry is exempt from the Shops & Establishments Act?

Your prompt assistance on this matter would be greatly appreciated.

Regards,

P. Rajan Babu
96000 03137

Hi,

I am looking for details pertaining to SHOP & ESTABLISHMENT REGD PL/EL - CL & SL & maternity leaves for both Bihar and Jharkhand States. Please help.

Regards.

Hey, does anybody have a soft copy of the Tamil Nadu Shops and Establishments Act and rules? Please do upload it. Thanks.

Hi All, I have a small case to analyze, i.e. "The registered office of a company is located in the precincts of the factory, whereas the corporate office is located some 3 kilometers away from the factory. The factory and all offices located therein have a 48-hour week, whereas the corporate office works 5 and a half days, i.e. 44 hours a week. How do you think the two entities, corporate office and registered office, should be treated in terms of annual leave with wages, working hours, intervals of rest, and overtime wages?

Also, in this case, do you think the corporate office falls under the definition of establishment under the Shops and Establishments Act?

Also, I would be very thankful if somebody could send me the soft copy of the Bihar Shops and Establishment Act 1953 at [Email Removed For Privacy Reasons].

Looking forward to your responses.

Thanks in advance :) Regards, Aditi Gupta