Applicability of the Factories Act and Shops and Establishments Act
The Factories Act is applicable to any premises where a manufacturing process, such as making articles, polishing articles, repairing them, or converting any raw material into a finished product, is carried out. It applies if the premises employ 10 or more workers in such a manufacturing process when power is used, or 20 or more if no power is used.
In contrast, the Shops and Establishments Act applies to any premises where only trading and commercial activities are carried out, but no manufacturing activity is conducted. Thus, the Factories Act cannot cover a shop, and the Shops Act cannot cover a factory.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai