In a move that looks to revolutionise not just the experience of
shopping but the climate of retail in the country, the labour ministry
is all set to roll out the new Model Shops and Establishment Act across
all states and Union Territories. Citing an array of reasons that range
from inconsistency in the maintenance and management of records,
registration and inspection, to the inadequacy of equal employment
opportunity for women, the labour ministry is taking trade unions
head-on. Anticipating that the Act will make it to Cabinet in a little
over a week, sources in the Labour Ministry further added that the
liberty of deciding whether or not to apply the Act is left entirely to
the discretion of the state.
Enabling commercial establishments to stay open for business round the clock and on all days through the year, the move has actually widened the scope of business for everyone. With the preference for online shopping showing a steady increase, malls and retail outlets now have the opportunity of being available to customers more readily.
The move is clearly a well planned and structured one. Targeted at improving prospects at various levels, the new Act has several initiatives in place. To begin with, registration has been simplified greatly with a unified online process. Prerequisites for companies that meet eligibility are clearly defined, as are the various norms that are required to be adhered to. The primary intent of the Act is to facilitate the creation of more jobs, and to make transacting business easier and more transparent.
The Act, however, currently stands as a proposal that awaits approval of the Cabinet. It is only pursuant to this that it may be circulated among the State Governments for amendment and modification to the existing Shops and Establishments Act. The proposals covered under the Model Shops and Establishments Act are as follows:
1. A Model Shops and Establishment Act to be formulated by the Union Government, on the pattern of which states will modify their individual Act.
2. Covers only establishments employing ten or more workers except manufacturing units
3. Freedom to operate 365 days in a year.
4. Freedom for opening/closing time of establishment
5. Women to be permitted during night shift.
6. No discrimination against women in the matter of recruitment, training, transfer or promotions
7. Online one common Registration through a simplified procedure.
8. Power of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers
9. Clean and safe drinking water
10. Lavatory, Creche, First Aid and Canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment
11.Twelve days casual cum sick leave.
12. One day earned leave for every twenty days of work performed (can be accommodated upto 45 days)
13.Five paid holidays for festivals in addition to three national holidays.
14. Exemption of highly skilled workers (for example workers employed in I.T., Bio-Technology and R&D division) from daily working hours of 9 hrs and weekly working hrs of 48 hrs subject to maximum 125 over-time hrs in a quarter.
15. Facilitators may be appointed by the Government with the following duties –
(i) Supply information and advice to employers and workers concerning complying with the provisions of the Act.
(ii) inspect the establishment based on inspection scheme framed by the Government
16. Offences
1. Opportunity for compliance of irregularities
2. Graded punishment
3. lrregularities other than safety related are compoundable
For the general public what this means is that there are more reasons than just the late night show at the cinema or drinks at the pub to enjoy the nocturnal life. The good life looks to get only better.
Enabling commercial establishments to stay open for business round the clock and on all days through the year, the move has actually widened the scope of business for everyone. With the preference for online shopping showing a steady increase, malls and retail outlets now have the opportunity of being available to customers more readily.
The move is clearly a well planned and structured one. Targeted at improving prospects at various levels, the new Act has several initiatives in place. To begin with, registration has been simplified greatly with a unified online process. Prerequisites for companies that meet eligibility are clearly defined, as are the various norms that are required to be adhered to. The primary intent of the Act is to facilitate the creation of more jobs, and to make transacting business easier and more transparent.
The Act, however, currently stands as a proposal that awaits approval of the Cabinet. It is only pursuant to this that it may be circulated among the State Governments for amendment and modification to the existing Shops and Establishments Act. The proposals covered under the Model Shops and Establishments Act are as follows:
1. A Model Shops and Establishment Act to be formulated by the Union Government, on the pattern of which states will modify their individual Act.
2. Covers only establishments employing ten or more workers except manufacturing units
3. Freedom to operate 365 days in a year.
4. Freedom for opening/closing time of establishment
5. Women to be permitted during night shift.
6. No discrimination against women in the matter of recruitment, training, transfer or promotions
7. Online one common Registration through a simplified procedure.
8. Power of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers
9. Clean and safe drinking water
10. Lavatory, Creche, First Aid and Canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment
11.Twelve days casual cum sick leave.
12. One day earned leave for every twenty days of work performed (can be accommodated upto 45 days)
13.Five paid holidays for festivals in addition to three national holidays.
14. Exemption of highly skilled workers (for example workers employed in I.T., Bio-Technology and R&D division) from daily working hours of 9 hrs and weekly working hrs of 48 hrs subject to maximum 125 over-time hrs in a quarter.
15. Facilitators may be appointed by the Government with the following duties –
(i) Supply information and advice to employers and workers concerning complying with the provisions of the Act.
(ii) inspect the establishment based on inspection scheme framed by the Government
16. Offences
1. Opportunity for compliance of irregularities
2. Graded punishment
3. lrregularities other than safety related are compoundable
For the general public what this means is that there are more reasons than just the late night show at the cinema or drinks at the pub to enjoy the nocturnal life. The good life looks to get only better.
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