Maharashtra Government issues draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

Feb 08, 2018 | by Avantis RegTech Legal Research Team

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Government of Maharashtra vide notification dated February 2, 2018 has issued draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018. The draft rules have set out various conditions of employment such as opening and closing hours of establishments, manner of applying for registration, appointment of Chief Facilitator and Facilitator, maintenance of registers, filing of annual returns, etc.

The Highlights of the rule are as under:-

·       Registration- Every employer engaging 10 or more workers shall submit online application in Form A for registration of the establishment alongwith the required documents as specified. Every application for registration in Form A and Renewal in Form D shall be uploaded along with fees of Rs. 1000 per year by way of e-payment. Every employer shall pay the electronic transaction charges as fixed by the Government from time to time for availing e-services under this Act electronically. If the application is complete in all respects and supported with all the required documents, proper fees, he shall digitally sign the certificate of registration, which shall be in Form B within 7 working days from the date the application appears on the dashboard of the Facilitator.

·       Conditions for employment of women-

(i)       Woman workers must be assigned work only between the hours of 7 a.m. and 9-30 p.m. However, a woman worker can be assigned work during 9-30 p.m. and 7-00 a.m. in any establishment by obtaining her consent and by taking all safety measures for the protection.

(ii)     The employer shall take all the measures to prevent the acts of sexual harassment at place of work by strictly implementing and enforcing all the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

(iii)   Provide proper lighting and illumination inside the establishment and also surroundings of the establishment and to all places where the women worker may move out of necessity in the course of such shift.

(iv)   The women worker employed in the night shift shall not be less than three at any point of time

(v)     Provide safe and secure separate transportation facility for the women workers working in the night shift from the place of workplace to the doorstep of their residence and vice-versa

(vi)   In case the menstruation period of any women workers starts during her duty in the night shift, she shall be eligible for one extra paid holiday apart from those mentioned in the Act, during the menstruation period, as per her necessity or requirement

(vii)No women worker shall be allowed to work in night shift during the period of 24 weeks before and after her child birth, of which at least 12 weeks shall be before the expected child birth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child.

·       Notice of weekly holiday of workers in each shift- Employers shall display a notice on the website and at a conspicuous place of the premises on a notice board showing the day of rest and also to electronically send a copy of the same to the Facilitator.

·       Annual Return- Employers must upload the Annual Return online on the website within 2 months after the closing of the financial year, confirming whether the measures mentioned under the Amendment Act like Canteen, Creche facility, first aid facility etc., have been complied with.

Any Objection or suggestion on the said draft rules may be sent by post, in person or on E-mail to the Principal Secretary (Labour), Industries, Energy and Labour Department, Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, on E-mail: [email protected] or by the Commissioner of Labour, Kamgar Bhavan, “E” Block, C-20, Bandra-Kurla Complex, Bandra (East), Mumbai 400 051, on E-mail : [email protected], within 15 (15) days from the date on which the copies of this notification as published in the Official Gazette, are made available to the public.

[No. MSA. 11 / 2017 / CR 298 / Labour 10]



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