Shop Act (Gumasta)
What is Shop Act ?
Shop and Establishment Act and Factory Act are two distinct pieces of labor legislation in India that govern the conditions of employment, working hours, safety, and other labor-related matters for different types of establishments. Here's an overview of each:
1. Shop and Establishment Act:
Applicability: The Shop and Establishment Act, also known as the Shop and Establishment License, is a state-specific legislation that applies to commercial establishments, such as shops, offices, restaurants, hotels, and other non-factory establishments. Each state in India has its own Shop and Establishment Act, and the rules and regulations can vary from state to state.
Registration: Businesses covered by the Act are required to register their establishment with the local municipal or state authorities.
Working Hours: The Act typically regulates working hours, rest intervals, and weekly off days for employees.
Holidays: It specifies the number of paid holidays and leave entitlements for employees.
Employment of Women: Provisions for the employment of women, including working hours and conditions, are often outlined.
Conditions of Employment: The Act may prescribe conditions related to wages, termination, and employment contracts.
Record Keeping: Businesses must maintain registers and records related to employees, attendance, and wages.
Purpose: The primary purpose of the Shop and Establishment Act is to regulate the working conditions and employment terms of non-manufacturing establishments. It aims to ensure the welfare and safety of employees in such establishments.
2. Factory Act (Factories Act, 1948):
Applicability: The Factory Act, also known as the Factories Act, 1948, is a central labor legislation that applies specifically to factories. It governs issues related to workplace safety, health, and labor conditions in factories. The Act is applicable to factories involved in manufacturing processes and specified industrial activities.
Licensing: Factories are required to obtain a license to operate. The licensing authority ensures compliance with safety and health standards.
Working Hours: The Act regulates working hours, including restrictions on overtime and night shifts.
Occupational Health and Safety: It sets guidelines for ensuring the health and safety of workers, including provisions for ventilation, lighting, sanitation, and safety equipment.
Welfare Measures: The Act mandates the provision of welfare facilities like canteens, first-aid, and restrooms.
Child Labor: It prohibits the employment of children below a certain age and regulates the working conditions of young persons.
Annual Leave: The Act prescribes annual leave with wages for workers.
Purpose: The Factory Act aims to protect the rights and interests of factory workers, ensuring their safety, health, and welfare in a factory environment where specific hazards and risks are present due to industrial processes.
It's important for employers to be aware of and comply with the relevant labor laws, whether it's the Shop and Establishment Act for non-factory establishments or the Factory Act for manufacturing units. Compliance with these laws helps maintain a safe and healthy work environment and ensures that employees' rights are protected. The specific provisions and requirements may vary depending on the state and the nature of the establishment or factory.
Why Shop Act Needed ?
We provide a comprehensive Shop Act service to ensure that your business is compliant with all the relevant regulations. Our team of experts will advise you on all the necessary paperwork, permits, and licenses required to open and operate a shop in accordance with the law. We also provide ongoing support to ensure that your shop is up to date with the latest legal requirements.
Process of Getting Shop Act
Process of Shop Act provides a comprehensive and reliable service for businesses looking to obtain a Shop Act license. Our experienced team of professionals will guide you through the entire process, from paperwork to registration, ensuring that you get the license quickly and easily. We also offer ongoing support to help you stay compliant with all regulations.