Purpose and Scope of The Shop Act
Purpose and Scope of The Shop Act (Shops and Establishments Act)
π― Purpose of the Shop Act
The main purpose of the Shops and Establishments Act is to regulate working conditions in commercial establishments and protect the rights of employees in the unorganized sector.
Hereβs a detailed look:
Regulate Employment Conditions
Set rules for working hours, rest periods, overtime, and leave policies.
Ensure Employee Welfare
Mandates health, safety, cleanliness, lighting, and ventilation in workplaces.
Legal Recognition for Businesses
Provides businesses with a government-issued license, necessary for legal and financial operations (like opening a bank account or applying for GST).
Bring Uniformity and Compliance
Helps standardize employment terms and prevent exploitation, especially in smaller or less-regulated businesses.
π Scope of the Shop Act
The scope of the Act is quite broad and applies to a wide range of establishments and employees.
π’ Covered Establishments
Shops (e.g., retail outlets, boutiques)
Commercial establishments (e.g., IT offices, call centers)
Restaurants, cafes, hotels
Theatres, cinemas, amusement parks
Warehouses and godowns
Any place where trade, business, or service is carried out
π¨βπΌ Covered Individuals
Full-time and part-time employees
Contract workers
Interns and apprentices (depending on the state)
Employees working in both operational and support roles (e.g., clerks, sales staff, cleaners)
π Geographical Scope
It applies to all Indian states, but each state has its own version of the Act with slight variations in rules and procedures.
Some Union Territories also follow the central guidelines with minor adaptations.
π Notable Exemptions
The Act generally does not apply to:
Government offices and undertakings
Establishments under the Factories Act
Certain agricultural activities
Household/domestic employment
π Example: Scope in Action
A digital marketing agency in Bangalore:
Must register under the Karnataka Shops and Establishments Act
Must follow rules on employee hours, leaves, holidays, and safety
Will receive a Shop Act license which can be used for business banking, tax registration, etc.