We are based in Mumbai and are a software company with 15 employees.
We come under shops and establishment act Mumbai. Our office was recently inspected by Shops and Establishment inspector. All documents were in order except that inspector asked for “ Form J” which we are not maintaining. As per our understanding as a software company with varying hours of work it’s not obligatory on our part to maintain the J form. Any advice would be helpful.
From India, Mumbai
We come under shops and establishment act Mumbai. Our office was recently inspected by Shops and Establishment inspector. All documents were in order except that inspector asked for “ Form J” which we are not maintaining. As per our understanding as a software company with varying hours of work it’s not obligatory on our part to maintain the J form. Any advice would be helpful.
From India, Mumbai
Rule 20(1) of the Maharastra rules requires a commercial establishment to maintain Form J only when it's opening and closing hours are ordinarily uniform. The working hours of employees may be varying but how the opening and closing hours of the establishment varying every day.
B.Saikumar
Hr & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
1899B.Saikumar
Hr & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
Dear Member
Rule (20) of the Maharstara Rules was framed to enforce Sec. (13) of the Bombay Shops Act 1948 which provides for opening and closing hours of commercial establishments at not earlier than 8.30 a.m being the opening hour and not later than 9.30 p.m being the closing hour. However software and Information technology establishments loacted in Maharastra are exempted from Sec.13 which means they need not stick to the stipulated opening and closing hours.Since you have varying opening and closing hours between 9.30 A.M to 9.00P.M and is not subject to Sec.13 which consequently also exempts you from Rule (20)(since it was framed to give effect to Sec.13), you also stand exempted, in my view,from the obligation to maintain Form J prescribed by Rule (20). You can take a stand accordingly.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927
From India, Mumbai
Rule (20) of the Maharstara Rules was framed to enforce Sec. (13) of the Bombay Shops Act 1948 which provides for opening and closing hours of commercial establishments at not earlier than 8.30 a.m being the opening hour and not later than 9.30 p.m being the closing hour. However software and Information technology establishments loacted in Maharastra are exempted from Sec.13 which means they need not stick to the stipulated opening and closing hours.Since you have varying opening and closing hours between 9.30 A.M to 9.00P.M and is not subject to Sec.13 which consequently also exempts you from Rule (20)(since it was framed to give effect to Sec.13), you also stand exempted, in my view,from the obligation to maintain Form J prescribed by Rule (20). You can take a stand accordingly.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927
From India, Mumbai
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Form A_Under Karnataka Shops and Establishment Act, 1961.pdf
SELF-CERTIFICAT E PROFORMA UNDER THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958.doc