Could anybody guide me that Non manufacturing LLP Firms comes under shops and Establishment act or Labour Laws?
From India, Pune
1From India, Pune
Dear Jmanis,
To be precise, a non manufacturing LLP Firm will not come under the purview of the Factories Act,1948. But it can be a shop or establishment, a motor transport undertaking, a plantation coming under the purview of the respective establishment-specific labor law depending on the nature of business activity conducted by it.
In short, Limited Liability Partnership (LLP) is a business format that combines the flexibility of a partnership and the advantages of limited liability of a Company at a low compliance cost. In effect, it just refers to the constitution of a legal entity of any business. Constitution of a business entity has no relevance for the application of labor laws.
Shops and Establishments Acts are state-specific labor laws legislated and administered by the State Governments of the Union of India. Therefore, they form part of the establishment-specific labor laws of the country. If certain specified norms of applicability are present, every shop or establishment would be covered by respective labor laws such as the Employees Compensation Act,1923, Payment of Wages Act,1936, EPF Act,1952, Payment of Bonus Act,1965, Payment of Gratuity Act,1972 etc., as well as the Industrial Disputes Act,1947 which applies to every industrial establishment irrespective of its classification or no of employees employed therein in respect of matters connected with industrial relations.
Hope your doubts are cleared.
From India, Salem
To be precise, a non manufacturing LLP Firm will not come under the purview of the Factories Act,1948. But it can be a shop or establishment, a motor transport undertaking, a plantation coming under the purview of the respective establishment-specific labor law depending on the nature of business activity conducted by it.
In short, Limited Liability Partnership (LLP) is a business format that combines the flexibility of a partnership and the advantages of limited liability of a Company at a low compliance cost. In effect, it just refers to the constitution of a legal entity of any business. Constitution of a business entity has no relevance for the application of labor laws.
Shops and Establishments Acts are state-specific labor laws legislated and administered by the State Governments of the Union of India. Therefore, they form part of the establishment-specific labor laws of the country. If certain specified norms of applicability are present, every shop or establishment would be covered by respective labor laws such as the Employees Compensation Act,1923, Payment of Wages Act,1936, EPF Act,1952, Payment of Bonus Act,1965, Payment of Gratuity Act,1972 etc., as well as the Industrial Disputes Act,1947 which applies to every industrial establishment irrespective of its classification or no of employees employed therein in respect of matters connected with industrial relations.
Hope your doubts are cleared.
From India, Salem
And in case, you employ Ten and more Workers/Employees in your Establishment, add in your List of Complinaces, Complying with Provisions of SHWW (P, P &R) Act 2013 Which will include Constituing 4 Member Internal Committee to redress Sexual Harassment Complaints, if any.
Kritarth Team
26.7.19
From India, Delhi
Kritarth Team
26.7.19
From India, Delhi
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Human Resource Management in Consulting Firms.pdf