Wednesday, September 26, 2012

Retailing is state subject and require 25 permission under Shops & Establishment Act



1.1. SHOPS AND ESTABLISHMENT ACT

1.1.1. Introduction to the Shops and
Establishment Act
The Shops and Establishment Act is a state legislation act and
each state has framed its own rules for the Act. The object of this
Act is to provide statutory obligation and rights to employees and
employers in the unauthorized sector of employment, i.e., shops
and establishments. This Act is applicable to all persons employed
in an establishment with or without wages, except the members of
the employer’ family.
This Act lays down the following rules:
1) Working hours per day and week.
2) Guidelines for spread-over, rest interval, opening and closing
hours, closed days, national and religious holidays, overtime
work.
3) Employment of children, young persons and women.
4) Rules for annual leave, maternity leave, sickness and casual
leave, etc.
5) Rules for employment and termination of service.
Under this Act, registration of shop/establishment is necessary within
thirty days of commencement of work. Fifteen days of notice is
required to be served before the closing of the establishment. State
Government can exempt, either permanently or for specified period,
any establishments from all or any provisions of this Act.
It is necessary to have a good understanding of the law,
particularly when one is employed in shops or establishments.

1.1.2. Development of Shops and Commercial Establishments

The shops and establishments Act of different states extend to the
whole of the state and within each state, it covers such areas as the
State Government may notify from time-to-time. The condition of
employment of persons employed in shops and commercial
establishment are generally regulated by state acts and rules
framed thereunder. The provisions are more or less similar and
usually also have a provision for granting exemptions, either
permanently or for a specified period of time, any establishment
or class of establishment, persons or classes of persons from all or
any provisions of Act.

These acts provide for minimum hours of work, rest  intervals,
holidays, annual leave, opening and closing hours of
establishment, payment of wages, overtime wages, and for
restrictive employment of children and young persons. Besides the
State Acts, there is also a Central Act namely, Weekly Holiday
Act 1942, which provides for weekly holidays to persons
employed in shops and commercial establishments, etc., the act
applies only to that state which notifies its application to specified
areas in its jurisdiction.

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