The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2017

The Maharashtra Government via gazette dated 7th September 2017 has published the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. Following are important highlight of the Act: (1) The Act will be applicable to establishment employing 10 or more persons. The application for registration under the Act can be made online. (2) There is only one head of definition i.e. "Establishment" which will cover Shops and residential hotels, restaurants, eating houses to theatre, other places of public amusement. Establishment of Legal Practitioners are removed from the definition of establishment. (4) Women can work between 9.30 p.m. and 7 a.m., subject to the provision of safety met by the employer as per the Act. (5) An establishment may be kept open for business on all days in a week but every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest. Specific timing of opening and closing is not mentioned, which may be fixed by the State Government through official notification. (7) The spread-over of a worker in establishment shall not exceed ten and half hours in any day, reduced from existing eleven hours. (8) Interval of rest after five hours of work is half and hour, reduced from existing one hour. (9) Over-Time has been provided at one hundred twenty five hours in a quarter, increased from six hours a week. (10) Earned/Privileged Leave Increased to forty-five days from forty-two days. Worker can encash leave in excess of forty-five days, if the employer refuses to sanction the leave. Irrespective of period of employment, the employees are entitled to eight festival holidays a year. (12) Welfare measures such as Canteen, Drinking water, Creche facility have been introduced. Canteen facilities shall be provided for establishment employing more than hundred employees. Drinking Water Facilities should be provided at suitable points. Creche facility has to be provided within a radius of one kilometre where there are more than fifty employees employed The existing Maharashtra Shops Act, 1948 will be repealed once the new Act comes into force. The effective date of the Act shall be notified by the Government on a later date by publication in the official gazette. The Rules pursuant to the Act are yet to published.
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15th September 2017 From India, Bengaluru

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