As I understand:
1. Your firm was registered under the Shops & Establishments Act. Now your Company has started a manufacturing unit and has merged it with the establishment which had been registered under the Shops Act.
From what you have stated, it is very clear that you will have to apply for registration under the Factories Act since manufacturing activity is happening in your unit.
Irrespective of whether you are covered under the Shops Act or the Factories Act, provisions of ESI & PF Acts, a also other Labour laws will continue to apply to your Co. The only major shift will be coverage under the factories Act.
Trust I have answered your query.
For any further cleraification, please feel free to call me on my Mobile: 09717726667 or contact me on my email:
Best Wishes,
Vasant Nair
From India, Mumbai
901. Your firm was registered under the Shops & Establishments Act. Now your Company has started a manufacturing unit and has merged it with the establishment which had been registered under the Shops Act.
From what you have stated, it is very clear that you will have to apply for registration under the Factories Act since manufacturing activity is happening in your unit.
Irrespective of whether you are covered under the Shops Act or the Factories Act, provisions of ESI & PF Acts, a also other Labour laws will continue to apply to your Co. The only major shift will be coverage under the factories Act.
Trust I have answered your query.
For any further cleraification, please feel free to call me on my Mobile: 09717726667 or contact me on my email:
Best Wishes,
Vasant Nair
From India, Mumbai
Dear mamta
if ur company is merged and earlier u were covered under shop and establishment Act now in this case u have to submit ur shop and establishment license to concerned labour department and have to apply for license under the factories Act.
From India, Solon
if ur company is merged and earlier u were covered under shop and establishment Act now in this case u have to submit ur shop and establishment license to concerned labour department and have to apply for license under the factories Act.
From India, Solon
"this company is having 30 employees with more than 10 HP power supply in MIDC area....."
says Miss Mamta Agrawal
But to my knowledge, units in MIDC area are not covered under the Shop and Establishment Act.
Kindly correct if this is wrong.
thanks.
From India, Mumbai
says Miss Mamta Agrawal
But to my knowledge, units in MIDC area are not covered under the Shop and Establishment Act.
Kindly correct if this is wrong.
thanks.
From India, Mumbai
Dear Mamta,
I have gone thorough all the post, and every one said correct.
I feel you better hire some labour consultant, who will do laision with all the concerned departments for your organization, and do all the necessary registeration etc. for your company as per the different Acts applicable in your state. Because, there is also some other registrations required beside Factory Act, ESI and EPF etc., as per the laws governed in your state/Municipal Limit.
regards,
Bipender Gupta
From India, Delhi
I have gone thorough all the post, and every one said correct.
I feel you better hire some labour consultant, who will do laision with all the concerned departments for your organization, and do all the necessary registeration etc. for your company as per the different Acts applicable in your state. Because, there is also some other registrations required beside Factory Act, ESI and EPF etc., as per the laws governed in your state/Municipal Limit.
regards,
Bipender Gupta
From India, Delhi
ESI Act, EPF Act and Factory Act all these are Separate Depts. And thus for the coverage under these you have to go separately.you may go for coverage under these Act simultaneously. Dinesh rajbharConsultant9322503549
From India, Mumbai
From India, Mumbai
You can divide the minimum wages into different allowances, but the gross rate should be equivalent to the minimum wages. Moreover, as stated by you on both Basic and DA, pf deduction is applicable.
Create the allowances in such a manner, where you can justify to the authorities that you are correct. (say 10% of gross is basic, cannot be justified)
Bipender Gupta
From India, Delhi
Create the allowances in such a manner, where you can justify to the authorities that you are correct. (say 10% of gross is basic, cannot be justified)
Bipender Gupta
From India, Delhi
It is not gross wages that should be equal to minimum wage. It is Basic & DA which should be equal to minimum wage. For purposes of PF deductions, it will have to be on the statutory minimum wage .
Vasant Nair
From India, Mumbai
Vasant Nair
From India, Mumbai
PF is deducted on Minimum Wage. If you bifurcate the statutory minimum wage into Basic, DA, HRA, then the basic and DA will be less tan the minimum wage. That would be incorrect.
From India, Mumbai
From India, Mumbai
Dear Mr.Nair,
You refer to the term minimum wages.
Can you please suggest under which section of the PF Act is the term "minimum wages" defined?
The term basic wages has been defined which clearly states what should be included and what should not be included.
Section 2(b) defines basic wages.
Section 6 provides for % contribution of Basic Wages + DA + all retaining allowances.
Am I missing something?
Thanks and regards,
Devarajan
From India, Mumbai
You refer to the term minimum wages.
Can you please suggest under which section of the PF Act is the term "minimum wages" defined?
The term basic wages has been defined which clearly states what should be included and what should not be included.
Section 2(b) defines basic wages.
Section 6 provides for % contribution of Basic Wages + DA + all retaining allowances.
Am I missing something?
Thanks and regards,
Devarajan
From India, Mumbai
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FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf