Dear All,
The definition of the term employee in the section 2 of the Shops and Establishments Act,1948 is wide enough to cover all employees except members of the family of the employer. Does this mean all executives working in a commercial establishment would be entitled for overtime salary/wages?
From India, Pune
38The definition of the term employee in the section 2 of the Shops and Establishments Act,1948 is wide enough to cover all employees except members of the family of the employer. Does this mean all executives working in a commercial establishment would be entitled for overtime salary/wages?
From India, Pune
Yes. every person employed in the establishment including executives covered under Bombay Shops Act 1948. B.Saikumar HR &labour Law Advisor Mumbai 09930532927
From India, Mumbai
From India, Mumbai
My query was more perticularly with regard to the eligibility of executives for over time allowances based on the fact that the Act is applicable to all other than employer and members of his Family. Now when it is beyond all doubts that every one is covered, does it mean all employers whether in private sector or public sector are voilating the provision of the Act by not paying over time allowancees to the executives,when they are made to work over time?
From India, Pune
From India, Pune
I also have similar query, the definition of Employer also includes MANAGERS, does it means that Asst. Managers, Deputy Managers and above are not covered by OT provisions (Not entitled for OT) or working hours provisions as they are covered by the definition of EMPLOYER and not fall into definition EMPLOYEE under Punjab S&C Act.
learned members may kindly guide.
From India, Delhi
learned members may kindly guide.
From India, Delhi
Over time is not admissible under Shops Acts to those who fall within the purview of the definition of employer as defined in Delhi Shops Establishments Act or those who act an agent of the employer in controlling the affairs of the establishment
B.Saikumar
HR & Labour Law advisor
.
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
.
From India, Mumbai
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Applicability of Maharashtra Shops and Establishment Act.jpg
UP Shops&Estb_Leav es.doc