Kerala shops and estabilishments act
Natarajan Laxsmanan
(Querist) 19 October 2015
This query is : Resolved
My query is specific to the below ordinance
Kerala Shops And Commercial Establishments (Amendment) Ordinance, 2014
Is this a law that establishments should adhere to as part of shops and establishments act
It refers to a service certificate - chapter 1B, 5F, is this applicable even in case of an employee not serving the complete notice period that he/she agreed to at the time of appointment which is mentioned in the appointment order, also what is the prescribed format
Kumar Doab
(Expert) 19 October 2015
You have initiated a good query.
>>> Kerala Government has brought all Commercial Establishments into the purview of Standing Orders. With a view to protect the Govt. has notified all commercial establishments as Industrial Establishments, under the Payment of Wages Act.
All Commercial Establishments have to fall in line by either adopting the Model Standing Order or filing its own Standing Orders for certification.
It is indeed an excellent step taken by state of Kerala.
The Shops and Commercial Establishments Act of many states e.g.: Kerala, AP, Delhi is so employee friendly.
This act was enacted to govern the service conditions of employees working in establishments covered by the Act and provisions of the Act shall prevail upon any private agreement/rule/policy that employer has signed with employee e.g appointment letter/contract of employment/service agreement/HR policy/service rules etc……………….
You may go thru:
http://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.ViTvjm5-jMo
http://www.lawyersclubindia.com/forum/Is-we-need-to-follow-our-updated-notice-period-or-appointmen-123957.asp
>>> You may also go thru: Model Standing Orders: Sec13-18
Service Certificate has to be supplied to all employees.
It has nothing to do with service of notice period or not.
Service Card has to be maintained for all employees by employer.
Model Standing orders/Certified Standing Orders being statue/instrument of law, its provisions shall prevail upon any private agreement/rule/policy that employer has signed with employee e.g appointment letter/contract of employment/service agreement/HR policy/service rules etc……………….
Kerala Shops And Commercial Establishments (Amendment) Ordinance, 2014
http://www.lc.kerala.gov.in/images/Current/ksceamt.pdf
is notified in gazette hence is applicable.
You may also go thru:
THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT. 1960
http://www.lc.kerala.gov.in/images/Kact/ksce.pdf
Kerala Shops And Commercial Establishments Rules, 1961
>>> The notice period/pay/rate etc is part of service conditions and enactments applicable to the establishment/employer/employe shall govern the service conditions and not any private agreement/contract/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/Exit Policy/FnF policy/Service Rules and regulations etc...........................
Thus notice period and notice pay in lieu of notice period, rate of notice pay .............................all shall be governed by enactments e.g. Factory Act, (Name of the State) Shops and Commercial Establishments Act, Standing Orders (Certified/Model) etc……….
Rajendra K Goyal
(Expert) 19 October 2015
Well explained by the expert Kumar Doab.
R.K Nanda
(Expert) 20 October 2015
nothing to add more.
