Shop and Establishment Registration
The Shops and Establishment Act is a state-specific law which may differ from state to state. The object is to govern and improve the working conditions and rights of the workers, like wage payments, leaves, holidays & work hours, etc.
The registration under shops and establishment act is regulated by the labour department of respective state, and it is mandatory for all business entities which do not fall within the ambit or applicability of The Factories Act, 1948. Even cases where the employees are working from home, this registration is necessary to obtain. Most of the state governments have passed their own law through the legislature assembly or have adopted some other state government legislation on shops and establishment. We are providing professional services in the matter of registration of the establishment and compliance with various provisions which may be required under respective Shops and Establishment Act.
Key Points on Shops and Establishment
Applies to all commercial establishment which includes shops, offices, schools, hospitals, societies, charitable trusts, educational institutions which operate for the motive to earn profits. However, factories are not covered by the shops & establishments Act and are regulated by the Factories Act, 1948.
Meaning of Shop
A premises where any trade or business is carried on or where services are rendered to customers. It includes offices or warehouses, whether in the same premises or not, used in connection with such trade or business, but does not include a shop or office attached to a factory within the scope of the Factories.
A Commercial Establishment shall mean a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house etc a cafe or any other refreshment house
Time to Apply for Registration
The application for Shops and Establishment Registration need to be filed before the Labour Department having jurisdiction on the registered office of the company or LLP and every other place of business where employees are employed. The application must be filed within 30 Days of the establishment of the place of business.