Registration under Shop and Establishment Act

Shop Establishment is local state law which prescribes registration of the business establishment. Shops and Establishment are state-specific laws and are applicable only in few States of India.

Compliance Required Under Shops & Establishments Laws

As per the provisions of Shops and Establishments, inspectors have the power to visit various establishments and to detect breaches of the provisions of the Act and rules framed there under and to launch prosecutions on defaulters accordingly.

The major breaches of the provisions of the Shops and Establishment Act consist of non-registration, non-renewal, opening of establishment before prescribed hours, closing of establishments later than prescribed hours, exceeding total hours, continuous work without rest interval, not granting privilege leave, keeping establishment open on weekly closed day, calling employees for work on their weekly offs, employing female employees after prescribed hours, employing child labour, not providing Identity Cards to certain class of employees, not paying wages as per rates prescribed under Minimum Wages Act are having stringent legal action.

The major of breaches of the provisions of the rule are of the nature of procedural lapses. Viz. Not maintaining a prescribed register of employment, leave register, visit book, lime washing register, not providing leave book to the employees or not making suitable entries therein, not producing requisite record register, notices for inspection on demand, not displaying name board in local language/Marathi or in Devanagari Script etc.

Maintenance of Records/Registers

Following are the Registers/ records/ notices which should are to be kept by the different categories Register of Employment:

Certificate should be displayed on the prominent place of establishment
To maintain a Muster-Roll – Cum-Wage Register.
Notify to the Sr. Inspector (Shops & Establishments) at the beginning of the every calendar year regarding the list of the closed day of the respective year.
The employer has to provide Identity Cards to the certain class of employees.
The Employer has to apply for seeking permission to maintain computerized records
The employer also has to obtain permission for ladies working beyond 8.30 p.m. However, Government has waived such conditions with respect to a certain class of industries including CALL CENTERS.

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