Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (“Amendment Act”) had become effective since 19th December, 2017. The Government of Maharashtra (“Government”) has now issued draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 (“draft rules”) vide a notification dated February 2, 2018.
Key Highlights
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.
(i) Registration: Registration under the Amendment Act has been made online and must be done availing e-services under this Act. Payment of fees for application for registration and renewal must be submitted along with fees of rupees one thousand per year by way of e-payment. The term of registration certificate granted under the Act shall be for a period as requested by the applicant, up to a period of 10 years. The rules also lay down a new provision for the cancellation of registration obtained through misrepresentation or suppression of material facts or by submitting false or forged documents or false declaration or by fraud may be cancelled.
(ii) Protection of women: 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 measures for the protection of their dignity, honour and safety by adopting the following measures:
- Protection from sexual harassment- Employer has been mandated to implement and enforce all the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Providing safe and secure separate transportation facility from the establishment to the doorstep of the women worker’s residence and vice-versa. Further, it is the responsibility of the employer to maintain the details and carry out police verification of staff, whether engaged by themselves or through any agency or contractor.
- Proper illumination inside the establishment and in the areas surrounding the establishment.
- In case women employees are required to work in night shifts, the number of women workers should not be less than three.
- Separate urinals and latrines with provision for with sanitary napkins must be provided for women workers and such latrines must be enabled with safety locking facility only from inside.
- Provision must be made to provide an extra paid holiday if the menstruation period starts during her duty in the night shift.
(iii) Notice of weekly holiday of workers in each shift: Employers have been mandated to 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.
(iv) Annual Return: Employers must upload the Annual Return online on the website within two 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.
(v) Welfare Provisions: Employers have to ensure the constitution of a Health, Safety and Welfare Committee, if they have employed one hundred or more workers are ordinarily employed and must provide for proper first-aid facilities in the place of work.
The government has invited objections and suggestions to the draft rules on either of the following address, by February 17, 2018.
Principal Secretary (Labour)
Industries, Energy and Labour Department,
Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,
Mumbai 400032
E-mail : psec.labour@maharashtra.gov.in
Commissioner of Labour
Kamgar Bhavan, “E” Block, C-20,
Bandra-Kurla Complex, Bandra (East),
Mumbai 400051
E-mail : mahalabourcommr@gmail.com
