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Which state Shop and Establishment Act is applicable if organisation is working in entire nation. - CiteHR

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gaurav-pahujani
If an organisation is working every state of the country(Bharat) so in this case which state's Shop & Establishment Act is applicable.
As in Delhi PL is cumulative to 40 Days.
In Andhra Pradesh & Telangana PL is cumulative to 60 days.
In Haryana it is 45 days.
No. of Holiday in a year declared by Delhi is 10, Haryana-9, etc.
Whereas Organisation is registered in Delhi Address.
So as per my understanding which ever is giving employee maximum benefit that is applicable. If I am right kindly provide me necessary documents.
Your support will be highly appreciated.

From India, Noida
manojkamble
377

Hi,
You need to follow shops and establishment act as per the state in which you are operational. Acts are always there to insure benefits of the employees and in case you are giving over and above the same then it will not be a problem. Thus, as you stated which ever is employee maximum benefit that is applicable is absolutely correct. Please insure not to go below the said requirement in any state.


umakanthan53
5967

Probably, the poster's reference to the organization's registration in Delhi relates to its registration as a company under the Companies Act,2013. Registration of any business entity as a whole under the Companies Act or the Partnership Act relates to its constitution as such to attain a particular legal status. But the application of the Labor Laws to its branches or constituents depends upon the location or/and nature of activity of every such constituent. So far as any establishment-specific Labor Law like the Factories Act,1948, Shops and Establishments Act etc., is concerned each branch would be treated as a separate establishment under the applicable Act according to its type and location. Particularly, every Indian State has its own Shops and Establishment Act. Therefore, if an entity has pan-India presence through its various branches across the country, its every such branch would be a separate establishment under the respective State's Shops and Establishments Act. However,the provisions relating to various service conditions of employees prescribed in such State Enactments are not uniform as admitted by the poster himself.. Hence, the concern of the poster to have uniformity in service conditions of the employees irrespective of their place of work based on the maximum scale is both appropriate and justified. He can collect the required information from the various branches situated in each State, compare them and fix them accordingly.
From India, Salem
Suresh Rathi
86

Mr.Umakanthan has put it in lucid terms. We have similar situation in our concern and we are following rules pertaining to various States. Col.Suresh Rathi
From India, Delhi
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