Confused About Regulations for Marketing Office: Factories Act or Shops and Establishments Act?

Clarification on Applicable Regulations for Marketing Team

We have a diesel generator assembling unit registered under the Factories Act, 1948, where 70 employees are working. We have a separate marketing team for generator sales, and for them, we have a separate office located in another area. Can anyone clarify whether it should be covered under the Shops and Establishments Act or the Factories and Establishments Act?

For factory employees, we are following the regulations as per the Factories Act (leaves, attendance, wages, etc.). Should we follow the same rules for marketing employees, or should we adhere to the Shops and Establishments Act regulations?

Thank you.

Applicability of the Shops and Establishments Act

The Shops and Establishments Act of your state applies to your marketing division. If employees are transferable between your factory and marketing division, you should follow the same leave policy.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Registration Under the Shop and Commercial Establishment Act

Your marketing office will be liable to be registered under the Shop and Commercial Establishment Act of the State. As far as the question of leave balance is concerned, the leave will be governed in accordance with the Shop and Commercial Establishment Act for the employees working in the marketing office.

Regards,
R B Yadav
Advocate

Yes, the Shops and Establishment Act would be applicable to your Marketing Office. Compliance under the same would be mandatory for that establishment.

Regards,
Amruta.