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Hi,

I am currently looking into HR activities in my company. It is a 14-month IT services company.

My question is: Will an IT services company come under the Shop & Establishment Act or the Factories Act if the employee count is 25? Do we need to register under the Shop & Establishment Act? If yes, what could be the statutory formalities? Do we need to file any returns during the financial year?

Regarding leave policies: How many paid and sick leaves are eligible for IT company employees during the financial year? What could be the maternity leave policy for an IT company?

Regards,
Sudhakar G.

From India, Bangalore
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It would be very helpful if you Can You explain in detail the leave policiies for a company hiring Contact Labour as per Contract Labour Act Regards manju.
From India, Bangalore
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Hi Manju,

I have three types of employees:
1. Trainee
2. Contract
3. Permanent Employee

Currently, I am allowing one sick leave for trainees and contract consultants per month. For permanent/recurring/payroll employees, I am allowing 12 EL and 6 SL. Additionally, they become eligible for 18 EL after completing one year of service.

Our company is an IT BPO organization with a six-day working week.

Is my company's leave policy compliant with statutory regulations? What statutory formalities and submissions should be filed with the Labour Department?

Thank you in advance.

Regards,
Sudhakar G.

From India, Bangalore
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Hi,

You can read about Labor Law in India by visiting the Bareacts website at [http://www.helplinelaw.com/docs/title.html?cat=Labor%20Law](http://www.helplinelaw.com/docs/title.html?cat=Labor%20Law).

Thank you.

From India, Delhi
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Hi, Sdkar2000, please go with the attached doc. I hope it will help you, regards, Anwar
From India, Hyderabad
Attached Files (Download Requires Membership)
File Type: doc LEAVE POLICY.doc (41.5 KB, 7909 views)

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Dear Sir,

I am currently looking into HR activities in my company, a 14-month-old IT services company. My question is: will an IT services company fall under the Shop & Establishment Act or the Factories Act with 25 employees? Do we need to register under the Shop & Establishment Act? If so, what are the statutory formalities? Are there any returns that need to be filed during the financial year?

In terms of leave policies, how many paid and sick leaves are eligible for IT company employees during the financial year? What is the maternity leave policy for an IT company?

The IT company falls under the service sector. The company must obtain E.P.F registration if there are more than 20 employees. There is no need to register under the Shop & Establishment Act or Factories Act. However, if the company wishes to pay Professional Tax as per the Central Sales Tax Act, it should file monthly returns with the relevant Sales Tax Officer along with the payment.

Regards,
Sudhakar G.

From India, Mumbai
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Thank you, HARI PRASAD,

Right now, I am paying VAT, Service Tax, Income Tax, and Professional Tax. I am currently in the process of registering for PF.

The Labour officer is insisting on registering under the Shop & Establishment Act. Otherwise, he is going to issue a notice.

Regards,
Sdkar

From India, Bangalore
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Hi Sudhakar,

Thank you for your message.

Are there any differences in laws between states? My company is located in Bangalore. Are there any differences in Statutory Leave count for Karnataka state? Are there any special rules or exemptions for IT companies?

Regards,
Sudhakar G

From India, Bangalore
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Hi , I m working in company which is registered U/S 25 for charitable trust. can anybody tell me from where i can get leave policy doc as per the laws. Jaya
From India, Delhi
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Hi there!

I am working for a charitable trust and I need to frame policies for them. These policies are related to their leaves, compensation, grading, etc. Please let me know where I can get these details. The trust is in Mumbai.

From India, Mumbai
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Hi all,

I need help with information regarding all statutory compliances in Maharashtra state. Ours is a manufacturing unit. Is it possible to post a sheet of all statutory compliances, please?

Thanks,
MK

From India, Pen
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Sir,

I worked in a PG College for about 10 years. The employer has appointed a person who is his relative. Now, my employer has told me to resign immediately. Please help me on how to fight this situation. My salary was paid through A/c payee.

Thank you.

From India, New Delhi
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Sir, I worked in a company for 11 months and as per the appointment order, both parties have to give a three-month notice. Due to their pressure and harassment, I submitted my resignation as they requested and quit the company. Now, they didn't get any replacement. They are now issuing a legal notice for three months' gross salary and legal fees as well. Actually, they only got the resignation forcefully from my end, and I didn't demand any compensation from their end because I got the job through some reference in their company. The old company is now issuing a legal notice and court summons. What is the way to get my actual compensation (salary, bonus, gratuity, ROS, Leave Encashment, etc.) from that company, and do I need to pay any notice pay since the resignation was given on the last day (as per paper I didn't complete the notice period, but orally both parties agreed)? Please suggest to me how to claim.

---

I have corrected the spelling and grammar errors in your text and ensured proper paragraph formatting. If you need further assistance or clarification, feel free to ask.

From India, Bangalore
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Name of the Register Form No. Section & Rule (Tamil Nadu Shops and Establishment Act)

Register of Fines Form B Section 35(1) - Rule 11(3)(a)

Register of Deductions for Damage or Loss Form C Section 37(2) - Rule 11(4)

Register of Advances Form D Section 39 - Rule 13(4)

Register of Employment Form E and Form F Section 47 - Rule 16(1)

Record of Hours of Work Form H Section 47 - Rule 16(3)

Register of Holidays, Leave, etc., Form K Section 47 - Rule 16(9)

Register of Wages Form M Section 47 - Rule 11(5)

Register of Service Form N Section 47 - Rule 16-AA

To exhibit a notice in Form J specifying the day of the week on which persons employed shall be given a holiday.

To display the name board in Tamil and other languages below.

Consequence of Non-Compliance of the Requirements: Failure to comply with certain provisions may attract a fine of up to Rs. 250/-.

From India, Pondicherry
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Applicability (Maternity Benefit Act)

Applicable to every shops and establishment, a factory, mine, a plantation, in which ten or more persons are employed.

[Note: Where benefits under ESI Act are available, the Maternity Benefit Act will not be applicable].

Duties / Obligations / Contents:

Not to employ a women, during six weeks immediately after her delivery, miscarriage or medical termination of pregnancy.

Not to provide arduous nature of work to pregnant women.

To pay maternity benefits for a maximum period of twelve weeks of which six weeks before delivery and six weeks after delivery provided the women works for a minimum of 80 days in a year.

To grant leave with wages for six weeks in case of miscarriage and medical termination of pregnancy and leave with wages for two weeks in case of tubectomy operation.

To grant one months leave with wages, in addition to maternity benefits, for illness arising out of pregnancy, delivery, pre-mature birth of a child, miscarriage, medical termination of pregnancy and tubectomy operation.

To give two breaks of 15 minutes each to nursing mothers until the child attains the age of 15 months.

Not to discharges, dismiss during the period of absence allowed under the Act / Rules.

To exhibit abstract of the Act and the Rules in the premises.

.

i) Under this Act Muster Roll in Form ‘A' as per Rule 3 of Tamilnadu Maternity Benefit Rules has to be maintained, for which the following particulars are needed in respect of the women employees who avail the benefits under the Act.

Name of the women employee

Age

Date of giving Notice of pregnancy in Form ‘D'

Amount of wages paid

Period of leave: From To

The above particulars have to be furnished as and when the beneficiaries apply to avail the benefits.

The employer is bound to supply copies of Forms ‘B', ‘C', ‘D', ‘E', ‘F','G', ‘H' and ‘I', free of cost to every women employeewho requests for them as per Rule 12 of the Tamilnadu Maternity Benefit Rules.

All the records so obtained have to be preserved for a period of two years from the date of preparation.

Abstract of the provisions of the Act and Rules in Form ‘J' has to be displayed in a conspicuous place in the establishment.

Annual Return in Form ‘K' has to be submitted on or before 31st January of every year.



Consequence of Non-Compliance of the Requirements:

Failure to comply with certain provisions of the Act and Rules, may attract imprisonment upto one year and fine from Rs.2,000/- to Rs. 5,000/- or both.



Administering Authority

For Factories : Inspectorate of factories

For others : Labour Department

From India, Pondicherry
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[What about school registration, sir ?? If it is K-12 and affiliated by ICSE do any other registration required?
From India, Bellary
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Hey I have joined as a Management Trainee as HR in a construction company. Can u please tell me the the leave policy suiting to the company. Thanking you. Sneha. S
From India, Coimbatore
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Dear Sudhakar, Service industy come under Shop & Estiblment act.You need register all statutory like PF ,ESI,PT.LWF Regards Raghavendra
From India, Bangalore
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I have completed my CL and SL leaves, but I am having 15 PL. The HR department informed me that we have to utilize 3 continuous PL; otherwise, if I use 2 days of leave, it will result in 2 days under LOP. Is this correct? I am trying to convince them that when I have 15 PL, how can they put me under LOP? Kindly clarify this matter.
From India, Bangalore
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