The provisions of Maharashtra Shops & Establishment Act, except section 7, shall apply to the establishments employing ten or more workers and the provisions of section 7 shall apply to the establishments employing less than ten workers.
Various compliances required under Maharashtra Shops & Establishments (Regulation of Employment and Conditions of Service) Act, 2017 read with Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 are as under:
1. Application for registration of establishment [Rule 6(1)]: The employer of every establishment engaging ten or more workers shall submit online application in Form ‘A’ for registration of the establishment along with the required documents as specified in Part A of the Schedule.
2. Intimation of commencement of business by such employer engaging less than ten workers: The employer of every establishment engaging less than ten workers shall submit an online intimation in Form ‘F’ of commencement of the business along with the required documents as specified in Part ‘C’ of the Schedule.
3. Renewal of registration certificate: Every application for renewal of registration shall be submitted online in Form ‘D’ along with the required documents as specified in Part B of the Schedule
4. Notice to make changes in registration certificate [Sec 9]: Any changes in the certificate of registration shall be notified online in Form ‘I’ within 30 days from the date the change took place along with the required documents to be uploaded as specified in the application and Part ‘D’ of the Schedule.
5. Closing of business [Sec 10]: Every employer of an establishment engaging ten or more workers, on closing its business permanently shall communicate the same to the Facilitator in Form ‘J’.
6. Notice of hours of work, rest interval, weekly holiday: Every employer shall display a notice on his website and at a conspicuous place of the premises of the establishment on a notice board showing the hours of work, rest-interval, weekly holiday in Form ‘M’.
7. Annual Return [Sec 26]: Every employer shall online upload the Annual Return in Form ‘R’ on the website within two months for the year ending on 31st December. A print copy of the same may be furnished as and when demanded by the Facilitator.
8. Details Of Persons Discharging Managerial Functions [Rule 33]: Employer registered under the Act & having 10 or more Employees shall annually inform to the Facilitator in Form ‘T’ the names and designation and brief nature of duties of persons who are discharging managerial function. Any change in the name of such person discharging managerial function shall be intimated to the facilitator.
9. Details Of Persons Occupying Position of Confidential Character [Rule 34]: Employer registered under the Act & having 10 or more Employees shall annually inform to the Facilitator the names of persons who are occupying position of confidential character in an establishment in Form ‘U’. Any change in the name of such persons shall be intimated to the facilitator. However, the number of persons doing confidential work shall not be more than 1 percent of the total strength of workers of the establishment subject to a maximum of fifty persons.
10. Name Board to be in Marathi [Rule 25]: The Name Board of every establishment shall be in Marathi language in Devnagari Script and shall essentially be written in the beginning. Also, the employer may have the Name Board in any other language and script in addition to Marathi in Devnagari Script provided that the font size of Name Board in Marathi shall not be less than that of the Name Board in any other language.
11. Maintenance of registers and records [Rule 26(1)]: The employer shall maintain a Muster-Roll cum Wages Register in Form ‘Q’. Where any employer or manager maintains a Muster Roll-cum-Wages Register under Minimum Wages Act, 1948, it shall not be necessary for him to maintain Muster Roll-cum-Wages Register.
12. Maintenance of registers and records [Rule 26(4)]: Employer or manager shall preserve the inspection records of the Facilitator for a period of three years and shall produce the same whenever demanded by the Facilitator. Every register, record and notice required maintained, exhibited or given under Shop & Establishment act & rules shall be either in Marathi or in English language
13. First-aid appliances [Rule 24]: Every employer shall maintain such duly equipped first aid box in each establishment with the items mentioned in Rule 24 of e Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018.
14. Health, Safety and Welfare Committee [Rule 21]: Every establishment wherein 100 or more workers are ordinarily employed, there shall be constituted a Health, Safety and Welfare Committee, consisting of equal number of employer and worker’s representatives. Committee to conduct health care or wellness camps, recreation, cultural, sports activities once in a year in the organisation or establishment.
15. Notice by employer or manager of accumulated leave [Rule 20]: The employer or manager shall communicate in Form ‘P’ to the concerned worker, whose leave, which has been carried forward has reached the maximum limit allowed, as soon as possible in the first quarter of each calendar year (31st March). Such notice shall state that no further leave can be carried forward.
16. Leave Book [Rule 19]: Employer shall provide to each worker with a Leave book in Form ‘O’. A copy of the same shall be retained by employer. All the entries of sanctioned earned leave shall be noted in the Leave Book. Any earned leave applied for and is refused shall also be noted in the Leave Book with initials of the employer or his representative in the respective column of Leave Book.
17. Identity Card [Rule 17]: The employer of an establishment shall furnish to every worker an identity card which shall be produced by the worker on demand by Facilitator.
The employer may issue identity card in electronic form subject to the condition that a hard copy of the identity card shall be maintained and a copy of the same shall be produced as and when demanded by the Facilitator.
18. Part-time employment [Rule 17]: Employer can engage part-time worker provided that, he shall not be allowed to work more than five hours in a day. No part time worker shall be allowed to work overtime under any circumstances. Wages payable to a part time worker shall be computed by dividing the per day rate of Minimum Wages applicable to that schedule employment by 8 (hours) with 15% rise in it or by divided the prevailing rate of per day wages fixed for permanent workers doing similar nature of work in that establishment by 8 (hours) with 15% rise in it, whichever is higher.
19. Notice of shift schedule, weekly holiday of workers engaged in shift [Rule 16]: Employers operating in shifts shall display well in advance a shift schedule, along with weekly holiday showing names & designation of all persons working in that shift, such notice shall be in Form ‘N’ and shall be kept in every establishment and made available for inspection to Facilitator on demand. The notice (Form N) shall be displayed on the website and at a conspicuous place of the premises of the establishment on the notice board. A copy of the same shall be send to the Facilitator electronically or otherwise.
There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a worker is changed from day shift to night shift and also from night shift to day shift
20. Display of notice of hours of work, rest interval, weekly holiday [Rule 14]: Employer shall display a notice on his website and at a conspicuous place of the premises of the establishment on a notice board showing the hours of work, rest-interval, weekly holiday in Form ‘M’.
21. Every employer shall maintain a complaint box [Rule 13(1)(iv)]: Every employer is required to maintain a complaint box in the establishment.
22. Display of phone numbers of local police station, control room and women help line number [Rule 13(1)(iv)]: Every employer shall display the phone numbers of local police station, control room and women help line number prominently in the establishment.
23. Consent for working at Night [Rule 13 (2) (i)]: Woman workers can be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’. The number of women workers employed in the night shift shall not be less than 3 at any point of time.
Employer to provide safe and secure separate transportation facility for all the women workers working in the night shift from the place of workplace to the doorstep of their residence and vice-versa.
The employer shall have all the details of the drivers, guards and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory.
24. Gap between Day and night shift of woman worker [Rule 13 (2) (v)]: There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and also from night shift to day shift.
25. Prohibition of Woman working in Night Shift [Rule 13 (2) (vi)]: 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.
Provided that, the said period may be relaxed at the request of women worker on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered.
26. Undertaking by Employer to Facilitator regarding women workers [Rule 13 (2) (vii)]: Employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honour of women worker in general and particularly of those in night shift.
27. Daily and weekly hours of work in establishment and interval for rest [Sec 9]: No adult worker shall be required or allowed to work in any establishment for more than 9 hours in any day and 48 hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour.
Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator.
The spread-over of a worker in establishment shall not exceed 10 & 1/2 hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed 12 hours.
28. Compensatory leave [Sec 16]: An establishment shall make sure that every worker is allowed weekly holiday of at least 24 consecutive hours of rest. If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday.
29. Casual Leave [Sec 18(2)]: Workers are entitled to 8 days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis, but shall laps if unavailed at the end of the year.
30. Earned Leave for worker worked for 240+ days in a Calendar Year [Sec 18(3)]: Worker who has worked for a period of 240 days or more in an establishment during a calendar year shall be allowed. During the subsequent calendar year, leave with wages for a number of days calculated at the rate of 1 day for every 20 days of work performed by him during the previous calendar year.
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