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The Shops and Establishments Act, 1961 is a piece of legislation enacted by the Indian government to regulate the working conditions of commercial establishments, including shops, hotels, theatres, and other establishments. The act sets out the rules and regulations governing the working hours, wages, and other working conditions of employees working in these establishments. Here are six important things you need to know about the Shops and Establishments Act in India:
The Shops and Establishments Act is applicable to all commercial establishments in India, including shops, hotels, restaurants, theatres, and other establishments. The act applies to both registered and unregistered establishments, with some exemptions based on the number of employees, nature of work, and type of establishment. The act aims to ensure that employees working in these establishments receive fair wages, working conditions, and other benefits, regardless of their employment status.
All establishments covered under the Shops and Establishments Act are required to register with the local authorities within 30 days of starting operations. The shop licence registration process varies from state to state but typically involves submitting an application form, along with supporting documents such as proof of address, identity proof, and other relevant details. Once registered, the establishment is issued a registration certificate, which needs to be prominently displayed in the establishment.
The Shops and Establishments Act sets out the maximum number of working hours for employees working in commercial establishments. Typically, employees are not allowed to work for more than 9 hours a day and 48 hours a week. In some states, the working hours may be reduced to 8 hours a day and 44 hours a week. The act also mandates that employees be given at least one day off per week, which is typically Sunday. Establishments are required to maintain a register of attendance for all employees. Do note that these specifics vary from state to state.
The act also mandates that employees be paid wages on time, as per the terms of their employment contract. The wages should be paid at least once a month and should be calculated based on the number of hours worked. The act also provides for paid leave for employees, including annual leave, sick leave, and maternity leave. The number of days of leave and the rate of pay varies from state to state, but typically, employees are entitled to at least 12 days of paid leave per year. Do note that these specifics vary from state to state.
The Shops and Establishments Act also sets out guidelines for ensuring the safety and well-being of employees working in commercial establishments. The act mandates that establishments provide a safe working environment, with proper ventilation, lighting, and other amenities. Establishments are also required to provide first aid facilities and fire safety equipment. The act also mandates that establishments maintain proper records of accidents and incidents that occur on the premises. Do note that these specifics vary from state to state.
Non-compliance with the provisions of the Shops and Establishments Act can result in penalties and fines for the establishment. The penalties and fines vary from state to state but typically range from a few hundred to several thousand rupees. In some cases, repeated non-compliance can result in the cancellation of the registration certificate of the establishment. Therefore, it is essential for establishments to comply with the provisions of the act to avoid penalties and ensure the safety and well-being of their employees.
In essence, the Shops and Establishments Act is an important piece of legislation that aims to ensure fair working conditions for employees working in commercial establishments in India. Establishments need to be aware of the provisions of the act and comply with them to avoid penalties and ensure the safety and well-being of their employees. By registering with the local authorities, maintaining proper working conditions, paying fair wages, and providing leave, establishments can ensure that their employees are happy and motivated, resulting in improved productivity and growth.
