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Neha   13 June 2017

Kpo under shops and establishment act Delhi

I want to know if kpo (knowledge process outsourcing) is required to register under shops and establishments act delhi. Also that sec 14 of the act impose restriction on timing of the eztablishment then how does local bpos and other establishment of that form is allowed to work in night shifts. Thanks


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 7 Replies

Kumar Doab (FIN)     14 June 2017

Such establishments are covered by the Act.

Once covered the provisions of the enactment shall apply

The Act also provides exemption to establishments in certain cases.

Compliance in certain cases/exemptions can be asked from establishments.

Kumar Doab (FIN)     14 June 2017

Check with Inspectorate.

 

 

Go thru the Act and notifications carefully.

Kumar Doab (FIN)     14 June 2017

 

Google search can also help to get you latest updates.

 

 

You can also search in SEARCH option at LCI in Experts section ……………………….’Search Q & A’ in middle of right hand side of this web page.

 

 

It is below ‘Share your knowledge’ button.

 

Kumar Doab (FIN)     14 June 2017

Provisions of the enactments shall apply to establishments are covered by the Act.

The establishment can avail the exemptions that are provided to covered establishment 

Kumar Doab (FIN)     14 June 2017

Entrust the matter to a very able counsel/law firm of unshakable repute and integrity, specializing in Labor Law.

darshana sawant (associate consultant)     26 June 2017

Dear Neha,

 

If the KPO is engaging more than 10 employees, it will be covered under the Shops and Establishments Act.  You have to apply for exemption to the State Govt. of the relevant Section of the Act about timings, shift working, ladies to work beyond 11 pm or earlier than 6 AM etc. and any other conditions from which you need exemption.  The Application has to be in prescribed format and you have to give the undertaking about relevant provisions of the Act.

Kumar Doab (FIN)     27 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………


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