Shop & Establishment License -Agent Or Principal Employer

We as a Logistic provider are working on Client\'s site. Client has taken the premises on Lease and appointed us to manage the whole warehouse, Client has zero workforce there and we are managing the warehouse . Now who will take the S & E License

Dear Shrey,
you are a vendor partner, why you would take S& E RC. Principal employer will take S&E RC for respective authority. eighter his workforce are there or not.

The principal employer has to take S & E License.
If the no. of employees on the site is more than 20, then the Principal employer also has to obtain registration under Contract Labour Act & you will have to obtain license under the said Act.

Dear All,
Please note that, queries is related to Shops & establishment not for contract labour act. if workforce more than 20 then he should discussed it separately on the same.
So, simple question to identify the concern person to get the registration that, who is paying the salary to employee..?
Regards,
Tushar Swar

Dear friend,
From the sketchy information found in your question, shall I presume that your client has just taken the premises on lease including the building with an intention to use it as a warehouse but later appointed you entirely to manage it with your own human and other resources? If so the arrangement seems to be that of sub-lease of the premises with or without the knowledge or consent of the lessor which may have remotest connection to your query. If I were not wrong, licence under S&E Act is required to use any particular premises or building as a shop or establishment. In that case only the person using the building as the warehouse is the actual user and becomes the employer to the persons employed therein.Pl think it over from this perspective in the matter of deciding who the licensee under the S&E Act should be.

Hi
Occupier has to be obtained the Registration Certificate under Shop & Commercial Establishment Act.
Regards,
Dilip Nandanwar
Vidarbha Industries
(Labour Law Consulting & Auditing, Payroll Management & Outsourcing)
Navi Mumbai
Br Off - Nagpur
Cell # 86555 76111
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Principal Employer need to obtain Form IV from Labour Office and issue to Contracting firm.Contracting firm need to obtain license from Labor Commissioner by submitting Form IV and all other necessary documents such as No. of persons, salary details Holiday list etc

Dear Shreyrustagi,
At the outset I must appreciate Sh Umakanthan, who have nicely explained the position with regard to your query.Since the query has been raised from Lucknow (UP),The U.P. Shops and Commercial Establishments Act shall be made applicable in your case.As per Section 2(7) of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 the "Employer" has been defined as a person who owns or who holds charge of, or has ultimate control over the trade, business carried on in a shop or commercial establishment, as the case may be, and includes any other person acting on behalf of the employer in the management or control of such trade, business.As such, you are required to take registration (not the licence ) from the state labour department by paying the prescribed fee.
I would like to point you that there is no concept of Principal Employer of Form IV as mentioned by Sh Grpadmasekhar in this case.
BS Kalsi
member since Aug 2011