As previously communicated, the Government of Gujarat has notified the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (“New Act”) effective 1st May, 2019. With this, the Gujarat Shops and Establishments Act, 1948( “Old Act”) stands repealed.
The complementary Rules for this New Act were awaited. In a recent notification dated 30th September, 2019, the Labour and Employment Department of Gujarat (“Department”) has published Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2019 (“Draft Rules”) for public comments.
The Draft Rules will be taken into consideration after the expiry of 30 days from its publication in the Official Gazette i.e. after 30th October, 2019.
Suggestions and objections should be addressed to Additional Chief Secretary, Labour and Employment Department, Block No.5, 6th Floor, New Sachivalaya, Gandhinagar by 30th October, 2019.
Key highlights of the Draft Rules:
|Registration of Establishment||· Employer engaging 10 or more workers have to submit an application for registration of the establishment in Form A under the provisions of section 6 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 along with documents as mentioned in Part A of the Schedule.
· Once the application is scrutinized, and approved by the Inspector, a certificate of registration will be granted in favour of the applicant in Form B. However, if any application is rejected by the Inspector, he must state the reasons for such rejection.
· Fees for Registration:
Residential Hotel: Rs.2,500
Restaurant and Eating House: Rs.1000
Theatres and other places of public amusement and entertainment: Rs.5000.
· Employer engaging less than 10 employees, must make an intimation in Form D along with all the documents as mentioned in Part B of the Schedule. The applicant will be issued a receipt of intimation in Form E.
|Cancellation of registration certificate||· If the inspector feels that the registration has been obtained by misrepresentation or suppression of material facts, he will send a notice to the employer asking the employer to submit his case.
· The employer has to reply within 10 days of receipt of the notice otherwise his registration will be liable to be cancelled.
· In case the employer replies within 10 days and submits all relevant documents, the inspector may withdraw or cancel the registration.
|Notice to make change in the Registration Certificate||· employer willing to make any changes to the registration certificate, has to submit the an application in Form G within 30 days of making such change to the establishment.
· Along with Form G, the fees must be paid as per the amount paid during registration of a document.
|Closing of Business||· If an employer employing ten or more employees closes his establishment permanently, he must inform the same to the Inspector in Form G within 30 days of closing of the business.|
|Engaging women in night shift||· Employer can allow or require a woman to work between 9:00pm to 6:00am only after obtaining consent from the woman worker in Form J.|
|Notice of weekly holidays of workers in each shift||· Employer should display notice showing days of rest in Form K at a conspicuous place and on the website (if the employer has a website). The copy of the same should be sent to the inspector online or in any other manner.|
|Prohibition of overlapping shifts||· Employer should not carry on work in the establishment in a manner that more than one relay worker is engaged in the work of same kind at the same time.|
|List of persons engaged in shift||· If an establishment operates in more than one shift, the employer must display a list stating the persons and their respective shifts to make every employee aware of their shift. The list should be in Form L and should be displayed at a conspicuous place and the website of the establishment (if any).|
|Part time Employment||· Engagement of part time workers should not be more than five hours.|
|Leave Book and Identity Card||· Every employer should provide its employees with identity card in Form M and a “Leave Book” in Form N, a copy of which will be retained by the employer and will contain every sanctioned earned leave granted to an employee.
· However, the employers are free to maintain the “Leave Book” manually or electronically.
|Notice regarding accumulated leave||· Employer should issue a notice up to 31st January of each calendar year which will be displayed in Form O containing the names of all workers whose leaves have been carried forward and reached a maximum limit.
· The notice should specifically mention that “No further leave should be carried forward’. A copy of the said notice should be provided to each employee.
|Cleanliness Lighting and Ventilation||· The premises of every establishment should be clean, maintained and properly ventilated.
· Rubbish, filth or debris should not be accumulated in the premise of the establishment.
· Employers should further take precautions to protect the premises of their establishment from fire.
|Latrines and Urinals||· Every employer should maintain a common, neat, clean latrine with anti-bacterial soap for men and women separately.
· Such latrines shall be easily accessible by the workers of the establishment. Latrines other than those connected to a sewage system should comply with the requirements of public health authorities.
|Creche Facility||· The creche facility should be conveniently accessible by the mothers of the children who are accommodated in the facility and it should not be in close proximity to a noisy environment.
· Each child should be given a suitable bedding facility along with an adjacent washroom.
· Further, every creche should have a woman in-charge and adequate number of attendants.
|First Aid Appliances||· Every employer should maintain a duly equipped first aid box with the following forst aid appliances:
|Canteen||· Employers having 100 or more workers should provide and maintain a canteen with the conditions listed below:
|Maintenance of Register and Records||· It is the duty of the employer to maintain a Master Roll cum Wage Register in Form P unless any employer or manager maintains a Wage Register in Form B and Master Roll in Form D as prescribed in Rule 3 of the Ease of Compliance to Maintain Register under Various Labour Laws (Gujarat) Rules, 2017.
· Entries made to the register should be maintained digitally and manually.
· Entries related to overtime should also be incorporated in the same register.
· In case of warehouse, godown or office where work is done outside the premises of such establishment, the register and master roll should be maintained separately.
|Annual Return||· Employer should file the Annual Returns of the Establishment in Form Q within 1 month of completion of calendar year (ending on 31st December).|
|Intimation of person discharging managerial function||· It is the duty of every employer to inform the Inspector in Form S the name and details and brief of the work done every person discharging managerial function.|
|Information of person doing confidential work||· The employer should state the name of every person doing work of confidential nature in Form T.
· However, the number of such persons should not be more than 1% of the total strength of workers in an establishment subject to a maximum of 50 persons.
Further, it is the duty of the Inspector to advise the employer about the irregularities pointed out by him (if any) and guide the workers in an establishment regarding their rights and remedies available to them.
Please note that the name on the Board of every establishment should be in Gujarati and the employer may also provide the name in any other language in addition to Gujarati.