Why Are Shopping Malls Open All Week? Understanding Exemptions in the Shops & Establishment Act

Shops & Establishment Act

The above act specifies that a shop/establishment should be closed for 1 1/2 days consecutively. How come the shopping malls, food bazaars, Vishal Garments shops, etc., are open on all 7 days of the week? This is allowed under which law/rule?

If they are exempted, then under which law/rule? What is the procedure to get such exemption?

Good question...

A few days ago, I wrote a policy guiding office hours, break timings, etc. (I work for a logistics firm in Mumbai) and gave it to my boss. He removed the Bombay Shop and Est. Act and asked me to read it (didn't say anything about the policy). When I started reading it, I was bowled over reading its provisions. It lays down many idealistic provisions such as working hours should not exceed 9 per day, etc.

Now, after every list of such regulatory provisions, there is a footnote saying the above provisions can be relaxed in certain circumstances. This footnote is pretty misleading and creates a loophole in the provision. When I took my query to the boss that neither we nor the industry is following this act, he couldn't come up with a convincing answer. All I understood was that such acts are grossly violated, and it's difficult for us to abide by them.

I don't have an answer if someone accuses us of violating the S&E Act.

Regards,
Nikhil

Hi all,

Regarding the same, I spoke to the Labour Inspector. We also have to give them at least 10 days of national holidays and 27 leaves to the employees. However, since our outlets are open 365 days a year, what is the solution for the same?

According to the rules, we have to provide all these facilities, but we have to give them on a rotational basis. That means if employee X is getting the 26th of January off, then Y will be getting the same day off on some other day.

Regarding the shifts, since we are open from 11 am to 11 pm, we are giving two shifts to our employees: 10 am to 7 pm and 2 pm to 11 pm.

Any more queries?

Hi Madhumita,

I agree with your comments. If we get prior approval from the Labor Inspector and assure them of a rotational basis holiday, it can be possible.

Regards,
Devender Kr. Sharma

The Shops and Establishments Act states that the establishment should be closed for 1 1/2 consecutive days and not the employees. Thus, giving 1 1/2 days off to employees on a staggered basis will not satisfy the Act. The malls, food bazaars, and Pantaloon chain stores are All India-wide establishments and will not be violating the basic acts unnecessarily. There must be some exemption notifications that empower the establishments to remain open 365 days.

I am based in Calcutta and I wish to know if there is any notification from the Government of West Bengal to this effect.

Hi Nikhil,

Can you please give me details of this book on Bombay Shop and Est., i.e., the exact name, author, etc.? If the book is available online, please provide the URL. I want to refer to this book for leave-related policy.

Thanks in advance,
Bhavin

Procedure for Store Operations 365 Days a Year

I am responsible for HR & Admin in a retail store. We have already been through this, and I will now explain the process we followed for our store. An application must be submitted with the consent of all the employees, stating that they do not object to the store being open 365 days a year. Additionally, it should be mentioned that all store employees are provided with a weekly off on alternate days. This is the procedure for submitting an application.

Thank you.