Compliance is a common phrase that refers to following regulations and laws. Each law/statute specifies a list of compliances, such as filing returns, submitting applications and forms, paying certain fees, and so on, that must be kept on file as proof of obedience to the law. Every organization benefits from regular and updated compliance since it enables smooth transactions.
One of the important regulations to which most businesses in India are subject is the Shops and Establishments Compliance Act, enacted by every state in India. The Act is designed to regulate the payment of wages, hours of work, leaves, holidays, terms of service, and other work conditions of people employed in shops and commercial establishments. Hence, all the commercial establishments mentioned above fall under the purview of this Act and must adhere to the regulations specified by it.
The primary objective of such compliances is to secure uniform benefits for employees serving different establishments across the country. Registration acts as a basic license that helps in securing further registrations and certifications, and compliance under this act ensures that all its requirements are being followed. Shops and Establishments Compliance refers to the adherence to the rules and regulations laid down by the government for the operation of commercial establishments.
Various Compliances Under the Shops Act
The following are a few of the key aspects of compliance covered by this Act:
- Regulation of working hours and working conditions of the employees
- Providing necessary rights and privileges to the employees and imposing certain obligations on the employers as well as employees
- Prohibition of child labor
- Major aspects that ensure the welfare of employees, such as hours of work, payment of wages or salaries, leave policy, hygiene and sanitary conditions related to the workplace, and essential precautions against potential risks
- Record of all activities and accounts
- Labor law compliance
- Whether any change in the particulars supplied at the time of registration or other details is being communicated to the Inspector
- Whether the opening hours, closing hours, intervals for rest, weekly holidays are in accordance with & in compliance with provisions of the Act
- Whether any woman entitled to maternity benefit has been paid the bonus within one week of the date of her delivery
- Whether the registration certificate needs any amendment and if so whether the notice for the same in the prescribed form has been submitted to the inspector
- Whether proper safety and hygiene, water supply, and sanitary conditions of the workers are being maintained
- Whether the establishment is kept clean and dirt-free, sufficiently lighted and properly ventilated
- Whether sufficiently filtered water fit for human consumption has been stored safely and inadequate amounts at some hygienic place
- Whether the employees are thoroughly made to undergo a full-body medical check-up by a certified surgeon or a doctor of the civil dispensary at least once a year and examination or diagnostic reports regarding their diseases are maintained as records and made available
- Whether effective means of drainage has been provided
- Whether tight-fitting clothes provided to the workers working near the machinery?
- Whether emergency exits in case of fire or disasters are provided.
The Importance of Statutory Compliance
- The Importance of credibility information on the company is statutory compliance: For example, if a corporation is found to be non-compliant with the TDS, the company’s image is jeopardized. Existing workers begin to question the company’s efficiency, and future employees may be hesitant to join as a result.
- One of the most important reasons for statutory compliance is to ensure that all employees of the company are treated equally. Many of the laws and rules specified in the checklist contribute to this equality. Many times, different workers are required to work various hours, and salaries vary based on a variety of reasons. Statutory compliance provides a clear means to prevent this.
- There are defined criteria for tax payments due to statutory compliance. This not only makes it easier for taxpayers to pay their taxes on time, but it also makes it easier for tax collectors to collect owing taxes on time.
- Customer loyalty is greatly damaged if statutory compliance is not maintained. Customers are also hesitant to cooperate with firms that have a weak statutory compliance framework, just as workers begin to question the organization’s compliance structure.
- Another important incentive is to preserve statutory compliance in the event of a financial loss. Financial losses occur when noncompliance penalties and fines are levied on an entity. This has the potential to significantly disrupt cash flow.
- Lastly, and most importantly, the main objective of shop act license compliance is to ensure that proper working conditions are being maintained and the labour is being given their due rights and privileges in accordance with the provisions of the act. This in turn contributes to the goodwill and reputation of the business.
- It is mandatory for all shops, commercial establishments, and businesses to comply with the Shops and Establishments Act.
- The Shops and Establishments Compliance Act applies to all types of commercial establishments, including shops, hotels, restaurants, and theatres.
The act also provides that an application to get registration must be submitted within 30 working days of commencing the business – this may be done either in person or by online means after getting the registration certificate from the concerned state government, it has to be displayed prominently at a visible place in the business premises. The registration certificate has to be renewed at the prescribed intervals. Non-compliance with the Shops and Establishments Compliance can result in heavy fines and penalties.
The individual or the organization that has acquired the registration certificate shall adhere to the regulations and stipulations. Even a thorough list of compliances, however, leaves us with a number of questions and uncertainties at the end of the day.