Neha 13 June 2017
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
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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.
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