P.S Mishra, C.J:— Heard. Learned Counsel for the Appellant. Disputes were raised under the A.P Shops and Establishment Act, , by some of the. The Andhra Pradesh Regulation and Penalization of Unauthorizedly Constructed Buildings and Building Constructed in Deviation of the. Andhra Pradesh Shops& Establishment Act – Free download as Word Doc .doc), PDF File .pdf), Text File .txt) or read THE Andhra Pradesh SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, AP Shops & Establishment Act.
|Published (Last):||10 September 2018|
|PDF File Size:||6.42 Mb|
|ePub File Size:||4.50 Mb|
|Price:||Free* [*Free Regsitration Required]|
India has a developing economy where the economic progress is directly proportional to the industrial growth, which in turn is dependent upon the relation between the employer and the employee. This relation is regulated by the labour laws, which mainly constitute protective and beneficial legislation.
These laws govern the day-to-day practices, procedures, relations, rights and obligations of employers and employees. The first of the Indian labour laws were enacted by the British Colonial Government and are still more or less the same. Some of the provisions which were enacted a hundred years ago have no relevance today.
This paper is an attempt to understand the need of change in these laws in order to give way to the progress and development of certain industries, the IT-Industry being one of them. Shops and Establishments Act, The Indian labour laws have become draconian and rigid and unless this rigidity in labour market is removed, making it more flexible, India will find it tough to face global competition.
Those who support the changes being brought about in the labour laws feel that the rigid labour laws are a block in employment generation. The density of labour laws make it difficult for the domestic as well as the foreign companies to function properly. Hence we cannot ignore the fact that the changing global market scenario requires flexibility in labour laws. The Information Technology in India is permeating almost every sphere of human endeavour. This segment is poised to grow very rapidly, worldwide, over the next few years.
Other than the growing software market, the country is also becoming a major base for ITES Companies. ITES is one of the key growth engines for outsourcing. It is manifest at many levels in India- call centers, back office processing, content developing and medical transcription. This rapid growth in the sector can be contributed to the following features: Companies operating from India are able to leverage the advantage of the Indian time zone o offer 24X7 services to their global customers.
Several world leaders including General Electric, British Airways, Citibank, have outsourced call center operations in India. As pointed out earlier, the Indian labour laws are perceived as inflexible and draconian, prompting many investors to think twice before stepping into India. The Global Competitiveness Report oftaken out by the World Economic Forum suggests that while India has a vast pool of skilled engineering and scientific talent, its labour market practices are ineffective.
The prevailing social and economic conditions have played a large hand in shaping the Labour Legislations.
The Indian Courts too traditionally have been biased towards the workmen. This has resulted in the adequate protection of the workmen. There is a strong political will in the Government to promote the new age industries. This is an important step in the right direction, which will include redrafting some archaic labour laws and simplifying procedural aspects.
Depending on the success achieved in the IT and ITES industries, the government may also consider adopting similar reforms in some other sectors, while at the same time ensuring that the basic protections are accorded to the workmen.
The AP Government has realized that the ITES Sector can substantially enhance the economic growth and prosperity of the country and can provide long term solution to the problem of unemployment.
The government is taking up measures to create supportive and conducive environment to promote the ITES sector. The main features of the policy are: It is delivered over private and secure public telecommunication networks. These services can be sourced from external contractors, own subsidiary or joint ventures. They include, but are not limited to: Customer interaction services, e. Finance and accounting provided remotely. Insurance claims processing provided remotely.
HR services provided remotely. Web site development and maintenance services. Data search, integration and analysis. Network consulting and management. Market research provided remotely. Translation, transcription and localization provided remotely.
The Government of Andhra Pradesh has realized that to make the regulatory environment of the State optimal for growth of the ITES Companies, several initiatives will have to be taken. The AP Shops and Establishment Act, constitutes an important branch of the labour welfare legislation, and they cover a wide range of activities in the field of labour relations.
It deals with the law relating to regulation of conditions of work and employment in Shops, Commercial Establishments, Restaurants, Theaters etc. This Act is a piece if beneficent and protective legislation. It regularizes the opening and closing hours of the Shops and Establishments, daily and weekly hours of work by the employees, rest hours to be given, conditions relating to employment of women etc. Lets discuss these exemptions in detail: This section of the AP Shops and Establishment Act,regulates the opening and closing hours of establishments, which shall be fixed by the government and provides that no establishment shall open earlier or close later than such hour.
Following the exemption from this section, the ITES companies will be able to operate 24 hours a day. This section of the AP Shops and Establishment Act, regulates the daily and weekly hours of work of the employees of an establishment fixing them at 48 hours a week and 8 hours a day. Following the exemption from this section, the ITES Companies will be able to ask their employees to work for more than eight hours a day, without having to pay them overtime wages, as long as the statutory requirement of maximum weekly working hours 48 hours is maintained.
: THE A.P. SHOPS & ESTABLISHMENTS RULES,
These sections regulate the working hours of young persons and women in establishments. Following the exemption from these sections, the ITES Companies will be able to employ young persons and women during the night shift, subject to the condition of adequate security and to and fro transport from their respective residence. This section entitles every employee in an establishment to nine holidays in a year with wages. Following the exemption from this section, the ITES Companies will be able to operate days in a year.
These provisions of S.
All you need to know about Andhra Pradesh Shops and Establishments Act
These provisions also provide for the payment of service compensation on termination, retirement, resignation, disablement etc. Following the exemption from these provisions of S. But these exemptions are subject to the a.p.shkps conditions: Weekly working hours for an employee shall be 48 hours. For the work done beyond 48 hours, employee is entitled for overtime wages.
Every employee shall be given a weekly off. The management is permitted to engage young and women employees during the night shift, subject to provision of adequate security during the course of employment and to and fro transport from their respective residence. Every employee shall be given a compensatory holiday in lieu of notified holidays, with wages under the proviso to sub-section 2 of section 31 of the Andhra Pradesh Shops and Establishment Act, if they work on notified holidays.
The employees shall be provided with Identify Cards and all other welfare measures to which they are eligible as per the rules in force. The Extablishment Compensation Act. The Employees State Insurance Act. The Indian Labour Movement is entering the vital stage where it faces the threat of losing the freedom it has enjoyed for so many years.
On one hand the Employers seem bent on achieving their demands for flexibility and lax labour laws. The Government is supporting them, which is under pressure from the domestic industry, the multinational corporations and other global players like the World Bank and the IMF. On the other hand, the Employees, who have struggle for decades to achieve these rights in the form of legal protections, are fighting tooth and nail to oppose these changes.
The Government should work towards arriving at as ans a consensus as possible before it attempts any further reforms in labour laws. The changing times call for a solution that are brave as well as sensitive to the long term interest of our labour surplus economy. The views in this estbalishment are author’s point of view. This article is not intended to substitute the legal advice. No portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used, without the express written approval of the author.
The Copyright of the article is with the author. Finance and accounting provided remotely! Insurance claims processing provided remotely! HR services provided remotely! Web site development and maintenance services! Data search, integration and analysis! Network consulting and management! Market research provided remotely! Section 15 This section of the AP Shops and Establishment Act,regulates the opening a.pshops closing hours of establishments, which shall be ach by the government and provides that no establishment shall open earlier or close later than such hour.
Section 16 This section of the AP Shops and Establishment Act, regulates the daily and weekly hours of work of the employees of an establishment fixing them at 48 hours a week and 8 hours a day. Section 31 This section entitles every employee in an establishment to nine holidays in a year with wages.
Section 47 1 – 4 These provisions of S. The ITES companies will be: The Payment of Wages Act! The Minimum Wages Act! The Workmen Compensation Act! The Employees State Insurance Act – Allowed to run a three-shift operation – Able to get power at industrial power tariff and all other admissible incentives and concessions in respect of power shall be applicable to the ITES Industry including those in the urban areas.