When the proposed Shops and Establishments Act
for the state of Maharashtra vide a bill earlier this year, it created an instant
buzz. The changes proposed through this revised Act have been significant in terms
of both implication and impact. However, the last three months have only prompted
speculation and discussion. Even with the framework in place, the Act was
complete and widely circulated, but yet to be passed. In its latest move, the
Maharashtra Shops and Establishments (Regulation
of Employment and Conditions of Service) Act, 2017 finally sees the light of day as it comes into effect from 19th December,
2017.
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 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
An official cop of the Gazetted Notification
is available for view at http://comply4hr.com/noti/2016/MHSAE2017Sep7.pdf
The notification declaring date of effect
of the Act can be found at http://comply4hr.com/noti/2016/MHSAE2017Dec19.pdf
