Factories Act And Shop Act

pavankadam
my establishment is covered under the factories act from past 20 yrs. One of the labour inspector in our city visited our premises and asked me to register under the shop and commercial establishment Act. and he is forcing us to do us. but as per i know there is no need to register under shop act as we r registered under factories Act. plz help me to fight back this issue. let me know any notification or case law regarding this.
thank you.
ROHITPARMAR
If you have less than 20 people working in your establishment then there ia a need to register under shop & establishment act.
pavankadam
There are more than 40 employees and i have registered under the factories Act according to the state rules.
yogi067
Mr.Pavan Kadam
If in your establishment any "manufacturing process" is taking place as defined under Factory Act and the establishment employees 10 or more persons with the aid of power or 20 or more persons w/o the aid of power than you have to register your company under factory act or otherwise go throught your state's S&E act for registration under S&E act. Whichever defination is close to the nature of your business will be applicable.
sima.dey
Dear All,
Can you plz suggest me in detail regarding the attendance procedure of Shops and establishments act? regarding Half Day, OD in outside, Half day OD and half day leave, Absent etc.
Thanks and Regards
Sima Dey
sivakumar1611
Hi Praveen Kumar
First give me the clarification if your corporate office is situated in manufacturing process taken place then it is not necessary to go for registration of S&E. if corporate office and manufacturing unit both are located in different places then you need to go for S&E registration compulsory as per the S&E rules.
Thanks
T. Sivakumar
saquibshaikh
Hi Praveen Kumar,
I Agree with Sivakumar as if your Corporate Office is Separate from Manufacturing Unit then you need to Register under S&E Act & Rules.
abuhrd
Dear friends,
I appreciate Mr. Sivakumar's comment reg.location of the corp. off. To be specific, it depends upon the area of factory shown on the factory plan approved by the directorate of factories and the no.of employees working in the offices or establishments beyond the factory map approved. Such offices beyond factory does not necessarily mean only corporate office; employers even keep the site admin off. or other offices not directly associated with the factory operations and maintenance jobs, outside the factory premises. Employees posted in such outside offices shall be covered under the S&E Act.
saiconsult
Mr.Sivakumar and Abuhrd have clarified the circumstances under which you need to register under Shops Act. Apart from this, if you have any shop in the premises of teh factory which is not connected with manufacturing process, then also you may have to register under Shops Act in some States. You have not specified as to what grounds on which the Labour Inspector insisted on registration under Shops Act which would ahve made things clear to the memebers to enable them to reply more specifically.
B.Saikumar
HR & Labour Law advisor
Mumbai
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