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Thursday, 14 September 2017

Government Publishes New Shops and Establishments Act


The Maharashtra Shops & Establishments (Regulation of Employment and Conditions of Service) Act, 2017 has been published on the 7th of September, 2017. While the Act is yet to be notified, there are several critical components that the Act covers. Here is a summary of all that the Act conveys:



Act and Applicability

-          The Maharashtra Shops & Establishments Act is replaced with the new Act

-          It shall come into force from a date that is yet to be notified

-          It applies to all establishments other than factories

-          Provisions that are similar to those in the Factories Act have been incorporated into the Act

-          Rules shall be framed under the Act by the Government

-          Government to appoint Chief Facilitator under the Act



Mandates

-          Establishments are to apply for online registration. Labour Identification Number (LIN) will be provided to each

-          Intimation needs to be given to chief facilitators online, for all establishments employing less than 10 members. Relevant documents must be uploaded, following which intimation receipt will be received from concerned authorities

-          Maximum years of renewal is now 10 years

-          Annual returns to be filed by all establishments



Salient Features



-          Identity card to be given to all workers

-          Hours of work, overtime, compensatory off, etc. shall all be taken into consideration

-          Leave rules shall include accumulation and encashment of leave, eight paid festival holidays, 8 days casual leave

-          Woman worker can work from 9.30pm to 7am with her consent, and provided employers maintain her dignity, honour, protection from sexual harassment at the premises and until her doorstep

-          Health and safety provisions for workers

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