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Showing posts with the label Shops & Establishment Act

Shops in Tamil Nadu to keep open all days till 22/3/2017

Permitting all shops and establishments to keep open on all 365 days in a year initially for a period of one year Under the Tamil Nadu Shops and Establishment, Act. [G.O.Ms.No.55, Labour and Employment (K2), 25th February 2016 ] No. II(2)/LE/242/2016.—In exercise of the powers conferred by Section 6 of the Tamil Nadu Shop and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947), the Governor of Tamil Nadu hereby exempts all the shops and establishments from the provision of sub – section (1) of Section 11 of the said Act, and permits all the shops and, establishment in Tamil Nadu to keep open on all 365 days of the year initially for a period of one year, in public interest with effect on and from the date of publication of this Notification in the  Tamil Nadu Government Gazette,  subject to the following conditions, namely:- Every employee shall be given one day holiday in a week on rotation basis, and the details of every employee shall be provided in ‘Form S’ an...

Self-Certification in Karnataka to Dodge Repeated Inspections

Karnataka has introduced a voluntary self-certification scheme for establishments and industries which would effectively free them from repeated inspections. Only 30 per cent  would come under the purview of random inspection. “Inspections would be done jointly by the department of factories and boilers, and the labour department, requiring the inspectors to file their report at the site,” P B Ramamurthy, additional chief secretary for labour in Karnataka, said at a seminar on human resources organized  by the Confederation of Indian Industry in Bengaluru on 19th Feb 16, Friday. Additionally, to bring in transparency on the Minimum Wages Act, a notification has been issued calling for recommendations to be made by the Minimum Wages Board in consultation with the stakeholders of industries concerned, he said. He also said the government has moved an amendment for exemption of non-hazardous small industries from the Factories Act. He said Karnataka i...

Draft Model Shops and Establishments (Regulation of Employment and Conditions of Services) Act 2015- High lights

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Draft Model Shops and Establishments (Regulation of Employment and Conditions of Services) Act 2015- High lights The government has framed a new model law that would allow Cinema Halls,  Restaurants,  Shops,  Banks  and other such workplaces to be open 24/7.  The law would also enable women to work during the night in such offices with mandatory cab services and other workplace facilities for them. The government has put in public domain a draft Cabinet note on Model Shops and Establishments (Regulation of Employment and Conditions of Services) Act 2015 for inviting comments from various Ministries and government departments.  This will act as an advisory to the state governments which will have the option to either adopt this model law or make changes to it according to their local needs. Union Labour Secretary Shankar Aggarwal told -  “All shops and establishments, not covered under the Factories Act, such as mal...

Mandatory - NOC from Property Tax Department required for S&E Registration & Renewal at Mumbai

There is newly services started by Maharashtra Government for Online application of registrations or obtain Licence for Contract labour or Factory.  But there is services for new registrations or renewal of registrations u nder Maharashtra Shops & Commercial Establishment A ct is not available for Mumbai regions. Hence there is required to be obtained manually same from Munciple corporation of Greater Mumbai. Now if any individual/Company will go for the manual process then Shops and Establishment Inspector firstly  will ask - T o pay assessment Property Tax of the premise then only they will  issue the RC, even though the  individual/company  are on rental basis at the premises and  they are not concern of Owner’s property tax.  The Inspector will ask for NOC from Property Tax department on the  reference  basis of their internal  circular no. AC/NCT/463/2015-16 .  "In that clearly mentioned that for ...

Labour Law Abstract

Kindly click on the link Attached language Shops & Establishment Act - Maharashtra in  Marathi   ; Uttar Pradesh in Hindi ; Minimum Wages Act- Maharashtra in  Marathi ; Uttar Pradesh in Hindi   ;  Payment of Gratuity Act - Marathi   Payment of Wages Act - Marathi    Payment of Bonus Act -  PAN India - English ; Maternity Benefit Act -  Maharashtra in Marathi ; Form K Child Labour (Abolition & Regulation) Act-  Maharashtra in Marathi (not available - will provide soon) Tamil Nadu in English & Tamil ;  Equal Remuneration Act    Andra Pradesh in   English    Contract Labour (R&A) Act Maharashtra in Marathi (not available - will provide soon);  Andra Pradesh in English ; Andra ;  Tamil Nadu in English & Tamil    

UP Shops And Establishments Act, 1962 Forms

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Uttar Pradesh - Forms Detail under Shops & Establishment Rules 1963 Form A -Rule 7: Notice of Weekly Close Day or an Alteration in Weekly Close Day Form B -Rule 8(1): Notice Specifying Close Days Form C -Rule 9: Notice of Weekly Holiday Form D -Rule 12(8): Register of Deduction from Wages Form E -Rule 13: Register of Fines and Realization Thereof Form F -Rule 17: Notice under Section 24 (1) Regarding Maternity Form G -Rule 18(1)(a): Register of Attendance and Wages Form H -Rule 18(i)(b): Register of Leave Form I -Rule 19(5): Medical Certificate Format Form J -Rule 22(i):Notification Regarding Shops Dealing in Funerals, Cremations and Burials Form K -Rule 2-A(1): Register of shops or commerci...

Amendments in Kerala Shops & Establishments Rules,1961

On 16th September 2015, Labour Department, Govt. of Kerala has issued final notification to amend the Kerala S & CE Rules, 1961. Some of the salient amended provisions are as follows: • Non-renewal of registration before its expiry did not invite any excess fee and now the same would now invite 25% excess fee. ( Rule 2B sub rule 2)  • Application for amendment of registration certificate to be submitted within 7 days of such change. Now it is enough if the same is submitted within one month.(Sec 5A) • The fee for “Nil employees” is increased from Rs.10 to Rs.50.  • Duplication registration fee is increased from Rs.5 to Rs.50  • Cancellation of registration shall be done with the payment (under Sec 5E) of 10% of the total fee applicable under sub rule (1). • Employers of medium and big establishments shall issue appointment letter to employees in Form BC  • ID card shall be issued in Form BD  • Service Certificate shall be issued in Fo...

Maharashtra - Amendments in Shops & Establishments Rules 1961 (Draft Rules)

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Maharashtra Shops & Establishment Act, 1948 - Cases

Both the Employer & Employee are prohibited against service to customer or for doing any business of the establishment on a closed day & therefore owner of Establishment giving service to his customer on weekly holiday is guilty of contravention of Section 18(1) of Maharashtra Shops & Establishment Act, 1948 Even though there were no employees. Jethlal Valand V. Vipinchandra Gandhi 1971 Under Section 18(3) an Employee is entitled to wages for the day for which the establishment remains closed in any week under section 18(1) of the Act, provided he has been employed for six continuously in that week. Under Section 18(3) of the Act the only condition to be satisfied about the period of employment & not about having worked a particular number of hours in week or on each of the six days other then the closed days. Sitaldas v. Kalekar 68 Bom. LR. 10 The piece-rated employee in the power-loom industry is not entit...

Shops to open 365 days in Telangana

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Andhra Pradesh Shops & Establishments Act, 1988 In accordant with the power laid down under Section 73 (4) of Andhra Pradesh Shops & Establishments Act, 1988, Shops and Establishments as defined in Section 2(21) of the Act in  Telangana shall open on all days of a week, subject to adherence of 13 conditions stipulated in the attached notification. The important conditions are; Shops shall not be kept opened beyond 11.00 P.M. In the event of allowing female employees to work after 8.30 P.M, transport facility shall be arranged by the establishment. Wages of employees shall be credited to their Savings Bank Account. Issuance of Appointment order and compliance on prescribed working conditions are now mandated. Extract of the notifications are appended

Amend in Jharkhand Shops & Establishments Rules, 2001

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Amend in Jharkhand Shops & Establishments Rules, 2001 Department of Labour & Employment, Government of Jharkhand, through its notification has amended Jharkhand Shops & Establishments Rules, 2001 and effected the following changes: • Employers employing 10 or more persons in their establishments need to submit annual return. • Online return shall be filed on or before 30th June, 2015 • Employers shall maintain statutory registers and records through either computerized or digital formats. • The current practice of prefixing Registration mark along with registration number shall not be followed.