shop establishment registration

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.

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Key Points on Shops and Establishment

Applicability

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.

Commercial Establishment

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.

Documents Required For Registration Under Shops and Establishment

  • Certificate of Incorporation, MOA & AOA of Company / LLP Agreement of the LLP
  • Copy of PAN Card of the Company or LLP
  • List of Director or Partners and their ID and Address Proof and Copy of Board Resolution or Partners Consent
  • Actual Photo of the Shop or Establishment with Name Board in local language at the entrance duly displayed
  • Address Proof of the Company or LLP where the name of the company is clearly mentioned.
  • Copy of the Licence, Permit, Registration which is mandatory under any law to be obtained prior to starting the business of the applicant in India.
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