Highlights of Maharashtra Shop and Establishment Act 2018
Saloni Sheth / 2020-02-05 02:09:24Introduction
The State of Indian Maharashtra has notified the rules governing the enforcement of the Shops & Establishment Act 2017, and replaced the Maharashtra Rules of Procedure and Establishment of 1961, as of March 23, 2018. The Regulations shall apply to all commercial enterprises, which hire 10 or more employees in the State (not protected by the Factories Act).
What about the Fees imposed?
No fees shall apply for Shops and Establishment registration, renewal of registration certificates and amendments to the registration certificate. However, employees may have to pay the state government's annual electronic transaction or service charges in fixed intervals as decided by the government in connection with the use of e-services in compliance with the 2017 Act and the 2018 Regulations.
Complaint box and display of numbers
It is a new standard established in accordance with the official 2018 rules when stakeholders provide input. Each employer shall maintain a complaint box and display in the establishment prominently, the telephone numbers of the local police station, police control and women's helpline number.
Mandatory rule of employing women security guards
In Maharashtra shop establishment policy there is a rule that not less than 10 female workers should be employed for this safety. 2018 rules also specify that the number of women workers can also depend on the size of work space and the total number of employees. Also all those women who are being hired as security guards should undertake a mandatory police verification.
Women workers shall be allowed extra paid holidays
Women who works during night shift shall be allowed 1 extra paid holiday every 2 months.
Night shift women workers shall be given maternity leave
The regulations provide that woman workers are not permitted to work night shifts for 24 weeks prior to and after childbirth, of which 12 weeks or more must be provided before birth and any additional time period as stated in their medical certificate.
Safety shall be provided to women in the workplace
An annual commitment is required for each employer to provide all facilities referred to in Rule 13 of the Rules of 2018. These include provisions for women's jobs in general and during night shifts.
Part time employment
The salaries for part-time workers are calculated by dividing the "minimum wage" daily rate applied to the group of employees by 8 hours plus a 15% increase on that rate or by divided into eight hours plus a 15% increase for permanent jobs who do work similar in nature, whichever is higher. Part time workers are not allowed to work overtime so that no one can misuse or exploit the part time workers.
Committee on health, welfare and safety
A Committee on Health, Safety and Welfare in institutions with ten or more employees should be established under the 2018 regulations. In any event, workers in the committee must be sufficiently represented.
Safety against fire
All the security measures listed, proposed and recommended in the fire and security policy of the government must be adopted and enforced, which can be updated on an ongoing basis.
Record preservation
For a period of three years, each employer and manager shall maintain the inspection record of the local facilitator (official seeking compliance).
Filing annual return
Instead of the year ended on March 31, each employer will upload their annual return online in the' R' form on the Website within 2 months. Clarity of procedure remains expected here.
Penalty against aggravating the offense
The Compounding Officer may assess the maximum fee for the compounding of an offense (settling for escaping prosecution) not less than 50 percent of the maximum fine prescribed in the 2017 law for such offense.
Information about the people related to managerial function discharge
These relate to information in form ' T,' given to the facilitator on the names, appointments and short character of tasks of managers. It must be submitted every year during the year and every time there is a change.
Data on individuals engaging in sensitive work
The information in the' U' form concerns the names of people who provide the establishment with confidential information. This must be submitted annually and during the year, whenever changes occur.
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