WEL-COME TO THE PRESENTATION ON SHOPS & ESTABLISHMENT ACT\LAW

INTRODUCTION
The Shops and Establishment Act is a state legislation act and each state has framed its own rules for the Act.

OBJECTIVES
This Act is to provide statutory obligation and rights to employees and employers in the authorized & unauthorized sector of employment, i.e., shops and establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employers family.

This Act lays down the following rules

Working hours per day and week. Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work Employment of children, young persons and women. Rules for annual leave, maternity leave, sickness and casual leave, etc. Rules for employment and termination of service.

Under this Act,

Registration of shop/establishment
Within 30 of commencement of work.

Closing of the establishment

Fifteen days of notice is required to be served before the closing of the establishment

Scope And Coverage

A state legislation; each state has framed its own rules for the Act. State government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act.

Rules for employment of children, young persons and women Rules for annual leave, maternity leave, sickness and casual leave, etc. Rules for employment and termination of service. Maintenance of registers and records and display of notices. Obligations of employers. Obligations of employees.

When To Consult And Refer

At the time of start of an enterprise.

When framing personnel policies and rules

Conclusion

shops & establishments law regulates Working hours Leave Holidays Payment of wages

Persons are employed in Shops Hotels Retail trade or business

Its prohibited the employment of Children And it has made provision for young persons and for women Special emphasis for closing and opening hours

Service Contracts

and Standing Orders

Case Uptron India ltd vs. Shammi Bhan & others (supreme court, 1998)

Primarily services rules and regulation, standing orders or contracts of employment govern the law of employer-employee relationship. In this case , the supreme court considered that clause 17(g) of the certified standing orders of the company providing that the service of the workmen are liable to automatic termination

If he overstays on leave without permission for more than seven days was the bad violative of the principles of natural justice as it doest not purport to provide an opportunity of hearing to the employee whose service are treated to have come to an end automatically

Judgment
The supreme court held that the termination of a service of a workman under a special clause in the standard orders, for overstaying of leave period without prior explanation amounted to, retrenchment under sec 2(00) of the industrial disputes act