Why Kiosks In Malls (Shop In Shop) May Need Separate Registrations

Kiosks in malls or shops in shop operate in a seemingly win-win situation - lower rentals than full fledged outlets and a general impression that there is no requirement for separate registrations under applicable labour laws including the Shops and Establishment ("S&E") Acts.

The S&E legislation, unlike other Indian labour laws, is formulated as state specific acts and hence requires multiple registrations for every location. In addition, it applies irrespective of the number of employees in the shops/establishment and the wages drawn.

It is generally assumed that since malls have their own S&E registrations, there is no requirement for to obtain separate S&E registration for operating from kiosks out of malls.

However, such an assumption may be incorrect as elaborated below

Provisions of Law

* S&E Acts broadly apply to 'Shops' and Commercial Establishments. * 'Shops' are generally construed to mean any premises where any trade or business is carried on/goods are sold (either by retail or wholesale) or where any services are rendered to customers and includes offices, etc 'whether in the same premises or otherwise' mainly used in connection with such trade or business. * Commercial Establishments refer to any premises where any trade, business or profession or work in connection with or ancillary or incidental thereto is carried on. * The duty to register as per the S&E Act is imposed on the Employer of the Establishment (an Establishment includes Commercial Establishments and Shops). * Employer refers to a person owning or having ultimate control over the affairs of an Establishment and where the Establishment is not managed by the owner it means the manager, agent or representative of such. * Employee refers to a person wholly or principally employed, whether directly or through an agency and whether for wages or for other consideration in or connection with any Establishment.

Judicial Precedent

Justice Shah in State of Bombay V. Jamnadas Gordhandas., (1956)II LLJ 307 has inter alia observed:

There is nothing in the Act which suggests that one premises can contain only one shop or that one shop can have only one premise. It is not the unity of premises which makes a shop, it is the unity of trade or business establishment which distinguishes one shop from another. Several different establishments belonging to different owners or under distinct managements but carrying on trade or business in one premises are not un-known and it cannot be suggested that such independent establishments would for the purposes of the Bombay Shops and Establishments Act be regarded as a single shop. Again a single business establishment may occupy distinct and independent structures constructed or adapted for separate activities of the establishment such as executive management, accounts, consultations, preparation and manufacture of goods, and for sale of goods and rendering of services. Independent structures in which different activities are carried on may make them distinct premises but would not make them separately registrable as a shop. In each case it would be a question of fact whether the office is a part of the shop in which goods are sold or services are rendered or whether the office is a distinct shop.'

The above observation may have been made well before the advent of Malls in India, however the same may be applicable even to Malls.

Issues to be factored by KioskCo

In view of the above comments as well as legal provisions discussed above the following issues are relevant to determine whether a kiosk needs to separately apply for S&E registration:

Kiosk Company (KioskCo) as Employer

A kiosk manned by a KioskCo employee may be construed to be a distinct and separate shop/establishment in a Mall especially if KioskCo has ultimate control over the affairs of that particular kiosk/establishment and is therefore the 'Employer'. While whether KioskCo or Mall has 'ultimate control' may be debated, generally KioskCo will have substantial control over the employees deputed, their work hours, the products sold/services provided at these kiosks.

Further if the question ever arises (during an inspection by the S&E department) each of these employees will also identify himself/herself as a KioskCo employee and not a Mall employee.

Mall as Employer

If the Agreements between the Mall and KioskCo executed do not permit KioskCo to be in 'ultimate control' over the affairs of the establishment/kiosk, then Mall may be construed to be 'Employer'.

However, it is unlikely that either the Mall or KioskCo will want to indicate KioskCo employees as Mall employees. Forms for registration and forms to be submitted notifying change require submission of details of employees. KioskCo employees would not have been covered within the Mall's application. Statutory register concerning employees and leaves obtained, etc. maintained by the Mall will, obviously, not contain details of KioskCo employees.

Further, the question needs to be addressed from the view point that S&E Acts are beneficial Acts oriented to granting certain rights to employees. If KioskCo employees are not covered by either an S&E registration/compliances applicable to KioskCo or Mall registration/compliances, it may tantamount to depriving the KioskCo employees of their entitlement prescribed under the S&E Acts.

While it may be argued that Mall is the Employer, including for reason of common cashiering for KioskCo's products/services, the failure to cover KioskCo employees under Mall's registration may unravel such an argument to KioskCo's disadvantage.

From the above it appears that there may be a requirement for KioskCo to apply for and obtain registration and comply with the other statutory requirements.

Compliances for KioskCo:

In practice shops in shop in India do not obtain separate registrations from the main shop - arising from the fact that it is onerous for KioskCo to obtain registration for each of its kiosks and also ensure compliances under the S&E Acts when mere one or two employees of KioskCo are be deputed to a Mall.

Below is a non-exhaustive list of records and registers to be maintained (which may also need to be displayed at the shop/establishment) and compliances to be made for four states:

1. Delhi:

(a) Providing advance intimation to the concerned authority in case overtime is proposed for employees. (b) Maintaining records in the prescribed form including -

* A notice of close day * Record of hours worked, the amount of leave taken by employees, intervals allowed for rest and meals, particulars of overtime etc * Notice of hours in a week which an employee may work * Register of employment and remuneration

2. Maharashtra

(a) Applying for registration (b) Applying for timely renewal of registration (c) Notifying changes in the information submitted in the application for registration, as applicable (c) Providing advance intimation to the concerned authority in case overtime is proposed for employees. (d) Maintaining records in the prescribed form including -

* Register concerning refusal of leave * Record of opening and closing hours, rest intervals, particulars of overtime etc of each employee * Register of leave and also provide to each employee a 'leave book' * Visit book concerning visits of S&E Inspectors

3. Karnataka:

(a) Applying for registration (b) Applying for timely renewal of registration (c) Notifying changes in the information submitted in the application for registration, as applicable (d) Maintaining records in the prescribed form including -

* Leave with Wages Register * Provide to each employee a 'leave with wages book' * Close day notice * Visit book concerning visits of S&E Inspectors

4. Madhya Pradesh:

(a) Applying for registration (b) Applying for timely renewal of registration (c) Notifying changes in the information submitted in the application for registration, as applicable (d) Notifying the weekly off/close day to the concerned authority and any change therein (e) Notifying the change in dates, if any, for additional overtime which are prescribed in the Act (f) Providing advance intimation to the concerned authority in case overtime is proposed for employees. (g) Maintaining records in the prescribed form including -

* Record of attendance, wages, overtime work, fine and deductions from wages * Record of daily hours to be worked, intervals allowed for rest and meals, * Register of leave * List of holidays * Copy of leave rules * Extracts of S&E Act and Rules in specified language

Consequences for KioskCo:

KioskCos exposure arising from lack of registration is in the form of fines and penalties (usually nominal) imposed by the S&E Acts for contravention of provisions. Below is a broad outline of the consequence of contravention of the S&E Acts:

1. Delhi:

The penalties prescribed for contravention generally range between Rs. 25 and Rs. 250. However, for non-maintenance of prescribed records Rs. 5 for every day of default may be payable. Further, false entries in records and registers makes the person liable to imprisonment of less than 3 months or fine of Rs. 250 or both.

2. Mumbai:

The penalties prescribed for contravention generally range between Rs. 1000 and Rs. 5000. In certain cases additional fine of Rs. 100/- per day may be applicable. Additionally 'enhanced penalty' is prescribed for second, third and subsequent offences which may extend up to Rs. 15,000/- fine as an aggregate for employer and the manager.

3. Karnataka:

The penalties prescribed for contravention generally range between Rs. 250 and Rs. 2000.

4. Madhya Pradesh:

The penalties prescribed for contravention generally range between Rs. 50 and Rs. 500. In certain cases additional fine of Rs. 50/- per day may be applicable. Additionally 'enhanced penalty' is prescribed for second, third and subsequent offences which may extend up to Rs. 1,500/-. Further, false entries in records and registers makes the person liable to imprisonment of less than 1 year or fine of Rs. 1000 or both.

Why Choose Vacation Home Rentals Over Hotels?

When you take a vacation, you probably want to get away with every day stressors both from work and at your house. Would it be nice to be somewhere you can freely lounge around without anyone bothering you? Being away can easily do that especially when you choose to take a break far away. However, with hotels being too pricey for your budget and the chaotic environment brought about by other vacationers do you think you can relax?

This is why vacation house rentals come in handy. Vacation rentals are furnished homes that can be rented out for a short period of time. Unlike hotels and motels that have a lot of limitations on their set of amenities, vacation rentals gives you a homey atmosphere with everything inside the house available for you to use as if you own the place.

Other benefits of staying in a vacation home are the following:

They are unique in a way that no two vacation houses are alike. Each home boasts of its own personality without the standard decors that a hotel has. You can conveniently search for vacation rentals by owner so that you can match the house with the personality of the one who lives on it. You have more privacy during your dream vacations. You never have to listen to other guests walking up and down the corridors, or have snotty hotel staff looking at you from afar. You also have more space to move around compared with that of a hotel room. It's easier to stay together when you are having a group vacation. Unlike hotels where you have to rely on the availability of rooms, vacation homes let you stay together as a group which multiplies the fun during dream vacations. You do not have to worry for pricey room service and expensive menus. With a vacation home, you can order take out and have it delivered right into your doorstep. Kinda the same with having room service yet more economical. Vacation homes are pretty much cheaper than a hotel room. It may seem to cost much at the start but considering the amenities and other perks that goes with it, you can definitely tell the big difference in price.

Today, there are more vacation homes that are being rented out for vacationers. You only have to look them up from vacation rental sites that offers match up services for you to have a vacation house that will make you feel at ease. You can even do a search on your own and have searched for vacation rentals by owner, by location, price, and other parameters to your liking.

You do not have to worry about being unhappy with a vacation home. All you need to do is to look for a vacation home that follows the standards of the Vacation Room Managers Association so that you can be rest assured that your chosen vacation home is safe, secure, well- maintained, clean, and most of all, very accommodating.

Parrot Cage and Toys

Toys and a Cage For Your Parrot

This for people who wish to cage their parrot; I don't believe in caging my parrots for humanitarian reasons. If you decide in caging your parrot, here are the best tips I can offer you.

Housing your parrot is a very important factor; it is the difference to between a healthy parrot with normal behavior and a parrot with behavioral problems. You really need to keep in mind the life expectancy of your parrot. Parrots have the ability to live beyond 20 years of age. That is why it is important to create a happy, healthy and fun home for your parrot.

Your cage should be considered carefully. You must allow enough space for exercise, entertainment and self-expression for your parrot. Remember it will be in a cage for a large part of the day while you are out. Buy a cage that fits into your home. If you want to buy a macaw, ask yourself, "Do I have room for that large of a cage," if the answer is "No," then it is probably not a good idea and to rethink as to what kind of parrot will fit best in your home. Get a parrot that fits into your home in cage size, then a parrot that you have no room for. You will both benefit from this decision.

Dimensions of Your Cage

Get a parrot cage that offers a comfortable and safe environment for you and your parrot making sure it is suitable for your home. At minimum; the dimensions of the parrot cage need to be considered, from the bottom of the cage to the top of the cage. The size of the cage should be twice the size for your parrot to fully expand its wings and one and half in length for room for its tail.

Bar Spacing on the Cage

The cage spacing is critical as it could be a difference between an injured parrot and a healthy parrot. It should be narrow enough so it cannot get its head through. The bars should both be vertical and horizontal so they have both bar spacing to climb around on. If you cannot find a cage with both bar spacing, get a cage with vertical bars; as it is easier for them to navigate on. The thickness of the bars is very important to keep in mind. Parrots have very powerful beaks. It is usually recommended that you get a wrought iron or stainless steel cage. Though they are costly, you will benefit and be grateful in the long run.

Design of the Cage and Perches

It is best to get a rectangular cage, as it fits best in your home, it may take up a little more room but there is more room for your parrot to hop from perch to perch and play. Tall cages are impractical as parrots do not fly up and down. Round cages lead to a situation of constant cleaning because the droppings will fall on the lower perches and into their food and water bowls. Also a round cage is ineffective because your parrot can only climb the bars and move from only one perch comfortably.

The perches should be made of hard wood like Manzanita or Iron Wood. I prefer Manzanita as it is easy to clean and it is difficult for your parrot to chew through. Getting a softer wood is costly and you have to replace them more often. Sand paper covered perches is not recommended because they can lead to serious foot irritation, sores and deep infections. Get different widths as it will be comfortable for gripping on their feet and it will give your parrot more of a chance to exercise.

Dishes for Your Parrot

Dishes are very important as it is what they will be eating out of and drinking water from. Get the dish for the size of the parrot, a cockatiel isn't going to eat out of a macaw dish and a macaw isn't going to eat out of a cockatiels' dish. Get dishes that are easy to clean and to disinfect. The positioning of the dish is very important put it where your parrot likes to eat and drink. I do not recommend putting them near the bottom of the cage or on the bottom of the cage; you will find you will be cleaning them constantly. Put them in the middle near a perch. Get dishes that attach to the cage. They will be thrown. Amazons in particular are renowned for throwing. If your cage does not have holders for the dishes, there are metal holders that can be attached to the cage.

Parrot Toys

There are no quality controls on toys for your parrots. Therefore you have to check the safety of the toys yourself. Parrots like bells, hanging toys, wood and rope. Rope toys you have to watch carefully, as they can get entangled in their feet when the rope tethers. If it tethers just trim it with scissors. Make sure the parrot toys you get do not have small parts that will come off, as they can be swallowed. Like a child's toy, just make sure it is safe for your parrot to play with. Experiment with toys and see what they like to play with. Get enough toys so you can rotate them so your parrot won't get bored.

A parrot cage should be fun and safe. Keeping this all in mind will lead to a healthy and happy life for your parrot. The expense will pay off in the long run as your parrot may out live you. It is not just housing your parrot; it is making them feel like it is a fun and a safe room to be in. Remember this is their room in your house as it is just like your bed room is for you.

Spanish Food - How To Prepare Boquerones

Whilst on your travels in Spain and pausing to take a breath from site-seeing, you have surely experimented with "tapas" at a welcoming bar.

If this is the case, it is more than likely that you have come across the small, tasty filleted fish, preserved in olive oil, sliced garlic and chopped parsley, and highly popular throughout Spain. This delectable dish is usually known as "boquerones" but, depending on the area, can also be called "anchoas".

Boquerones are small, fresh anchovies. Accompanied by crisp, fresh Spanish bread, a glass of ruby-red wine or refreshing Asturian cider, they are a delight to eat. Moreover - as with many traditional Spanish dishes which comprise the renowned Mediterranean Diet - they are extremely healthy.

Like its friend the sardine, the anchovy is an oily fish, packed full of proteins and minerals, protecting against heart disease, and "good" for cholesterol. What´s more, in many areas of Spain -in particular the Mediterranean coast - fresh anchovies are extremely cheap.

On first coming to Spain, I happily enjoyed many tapas of boquerones, completely unaware of one fact ... all those little anchovies I had eaten were not cooked! For a moment, I deeply regretted asking my Spanish neighbor, Carmen, how to make them!

Fortunately, Carmen went into immediate action and saved the day! She frog-marched me to the local fishmongers, bought a kilo of the little fish, took me home and showed me "her way" of preparing them. They were so delicious that I quickly recovered my passion for boquerones and have been enjoying them ever since!

Methods for preparing boquerones tend to vary slightly from family to family. However, the basic principles are always the same. You first have to clean and fillet the fish, which is simple enough, but rather tedious until you get the hang of it.

Next, you soak the fillets, either in white wine vinegar or a mixture of half vinegar and half water. The vinegar will clean and bleach the fish and also soften any remaining little bones. Some people sprinkle the fish with salt; others (myself included) feel that the fish is salty enough already.

The fish has to be left for a good few hours soaking in the vinegar. Again, this tends to vary, with some Spaniards leaving them overnight in the fridge and others just waiting a couple of hours. Also, some families change the vinegar/water-and-vinegar mixture once during this process, whilst others don´t bother.

Once you have thrown away the vinegar, the bleached fillets are covered with a good quality virgin olive oil, which will preserve them. You can add as much, or as little, sliced garlic as you wish, plus freshly chopped parsley.

So ... here is the actual recipe.

BOQUERONES

Ingrediants: - 1 kilo fresh anchovies. - White wine vinegar. - Virgin olive oil. - Garlic. - Parsley. - Salt (optional).

Method:

1. Top and tail anchovies.

2. Slit along underside and discard innards.

3. Open out fish.

4. Remove central bone by lifting from tail end upwards.

5. Rinse well.

6. Place a layer of anchovy fillets in a shallow dish.

7. Sprinkle with salt (optional) and pour on plenty of vinegar.

8. Repeat with another layer, changing direction.

9. Leave to soak in vinegar for a few hours or overnight.

10. Pour off vinegar.

11. Very gently rinse fillets.

12. Cover fillets in virgin olive oil.

13. Add slices of garlic and chopped parsley.

It is so pleasant to find something in life that is a delight to the senses, affordable, healthy and does nobody any harm (apologies to any vegetarians out there and, also, the little anchovies ...). So ... do make the most of fresh anchovies whilst you are in Spain and enjoy!

What Are Acrylic Paints - 10 Things You Must Know Before You Start

Acrylic paints are one of the most popular medias in our days. They are very convenient, easy and cheap therefore are a perfect medium for beginners. Today, also professional artists use this media due to the various ways to use them.

Acrylic Paint Features

Acrylic paints are water based therefore they dry quickly and can be dried with a hairdryer if needed. In case you don't want the paint to dry so fast you can dilute them with water, or with any other acrylic medium to slow the drying process for longer blending abilities. You can clean acrylic paint brushes, hands, and other equipment with water and soap. Make sure your brushes stay moist while you are painting or they will dry with the paint on them and you won't be able to use them again. Acrylic paints are Époque that means they can look thick like oil paints. When you dilute them with water the paintings can look like watercolors depending on the amount of water diluted. The colors are permanent, not transparent, so you can paint in layers and the previous color won't see through. The paints are flexible and will not develop cracks like oil paints. Acrylics can be painted on a variety of surfaces that's why many artists and craftsmen use these paints. Canvas is the most popular surface for acrylic paintings but you can apply them on to wood, fabric, ceramic, plastic, cardboard paper, metal, leather, dolls, stones, panels, models for trains, cars and houses. In some cases the surface needs to be sealed with an appropriate sealer for acrylic paints You can create different textures with acrylic paints by adding gel, molding paste, sand, rice and more. Acrylic paints are permanent and don't come off from fabric so be aware of what you are wearing. I recommend you wear painting clothing or a good apron and cover your sleeves too. If you get a stain on your clothes remove it immediately before it dries with water and soap. Paintbrushes, rollers, painting knives are all good to use when you are painting with acrylics. Some artists use different artistic ways to get different textures - like painting with their own fingers. Once the painting is dry and finished it tends to attract dust and dirt therefore you should apply a thin layer of varnish. Varnishes come in three different finishes - satin, matte and gloss. I must mention that many artists don't use varnish on their paintings because it can damage the paint or yellow the painting overtime. So make sure you choose a good brand and you know what you are doing.

These are the 10 basic things you must know before you start, there is a lot more to learn about. Take your time and enjoy discovering this medium, its fun and relaxing.

Inspiration for the Fired Soul

You're Fired! is a book that tackles the real story's behind these two little words that pack so much punch.

This is an eBook that gets people motivated and inspired to take a different approach to being fired. I encourage you to open up about your own experiences. With new story's from the readers, this book will have no end.

Take a look for yourself: [http://www.yourefiredbooks.com]

Tristan Becker has re-invented the term "You're Fired!" with motivational words of wisdom and a new outlook on the old term that has impacted so many lives in so many ways. The web site that promotes and distributes the Ebook, takes the reader into consideration in many ways. Getting the readers involved is the main focus of the book as well as the site. Each month will offer a new opportunity for the readers to WIN a day of pampering at the SPA, or one of many other promotions to warm the sences and rejuvenate the soul. Everyone deservers to be pampered, and each month the first One Hundred customers to buy a copy of " You're Fired!" will have the opportunity to do just that.

You can purchase this eBook through the web site, and tell your own story if you have one to share. More and more people are being fired in today's world; some much so, that the topic is no longer taboo.

The author has a twist of humour that is refreshingly obvious throughout the book, which makes the reader feel at ease and allows for a much better reading experience.

Visit and enjoy.