The Shop and Establishment Act in India was implemented to govern the rights and working conditions of workers that are employed in the unorganized sector. The act requires all commercial establishments like theaters, eateries, hotels, amusement parks, shops, retail/trade business, etc. to apply for the license and registration within 30 days of commencing the business.
The Act asks the employers to declare the following:
When a business entity starts employing people as contract-based or full-time employees, casual workers, etc. then they need to register for the Shop and Establishment licence within 30 days of starting a business to enforce proper regulations for workers’ rights and work conditions.
The shop and establishment registration is required while establishing any commercial place and is a state-based registration for which rules vary according to the state. The commercial establishment as defined in the Act include:
The Shop and Establishment Act requires every business to approach the Department of Labour for the approval, although the rules and regulations vary from state to state. You will need the following documents to apply for the license:
You will also need to submit the following information:
You can apply for shop and establishment registration online through the state government’s website. The application in the format prescribed on the website needs to be submitted with the above-mentioned details along with the prescribed fee. Once the application is received by the Department of Labour an inspector will visit your establishment to check the details and will provide the registration certificate/licence in accordance with the Act.
As this registration is governed by the state, the procedure may be a little different in every state. Any shop or commercial establishment that commences operations must apply to the Chief Inspector for a Shop and Establishment Act License within 30 days. Do note that renewal must be completed before expiry of the license.
Shop and Establishment Registration: Advantages
The owner of the establishment may benefit from the registration in the following ways:
The owner of such establishments can also contact companies like Vakil Search that offer legal counsel through legal experts and advocates and can help them get the registration within no time and without much effort.
The Act is applicable nationwide, and all the commercial establishments, such as the hotels, and eateries, amusement parks, theaters, and other entertainment houses, as well as any other such public amusement places come under the purview of the Act.
The definition of a ‘Commercial Establishment’, as given in the Act is:
All such above mentioned commercial establishments come under the Act, and need to adhere to the norms and regulations set by the Act for treatment of their employees.