Industries, Energy and Labour Department issues the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

Industries, Energy and Labour Department issues the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

April 5, 2018 Labour 0

Pursuant to the update in the trail mail, the Industries, Energy and Labour Department (“Department”) has, vide a notification dated 23rd March, 2018 in the Maharashtra Gazette, issued the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 (“Rules”).

Although, the Rules are based on the draft rules (please refer to the trail mail), the Department has made some further changes in the Rules.

 

The key changes are as follows:

 

Draft Rules Amendment Rules Impact
Rule 4

 

Payment of Fees. – (i) Every application for registration in Form A and Renewal in

Form ‘D’ shall be uploaded along with fees of rupees one thousand per year by way of e-payment.

(ii) Every employer shall pay the electronic transaction charges as fixed by the Government from time to time for availing e-services under this Act electronically.

Rule 4

 

Payment of Electronic Transaction or Service Charges. – No fee is prescribed under this Act and rules. However, the employer shall pay the electronic transaction or service charges as fixed by the Government from time to time for availing e-services

under the Act and these rules.

The fees which were proposed in the draft rules have been waived.
Rule 13

 

No such provisions present

Rule 13

 

(1) (iv) Every employer shall maintain a complaint box. Every employer shall also

display the phone numbers of local police station, control room and women help line

number prominently in the establishment.

 

(v) A sufficient number of woman security guard shall be engaged in establishment

employing not less than ten women workers. The Police verification of such women

security guard shall be mandatory.

 

(2) (vii) Every 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.

Provisions relating to

 

  1. Maintenance of a complaint box;
  2. Display of phone numbers of local police station, control room and women help-line number;
  3. Employment of women security guards;
  4. Submission of an undertaking, relating to the safety of women employee, by the employer

 

have been inserted

 

Rule 13

 

(viii) In case the menstruation period of any women workers starts during her duty in

the night shift, she shall be eligible for one extra paid holiday apart from those mentioned in the Act, during the menstruation period, as per her necessity or requirement.

 

 

Rule 13

 

(2) (iv) In addition to the holidays as mentioned in section 18 of the Act, every women worker who works in night shift as per her shift schedule, shall be eligible for one additional paid holiday for every two months in a year.

 

 

Under the draft rules, a women employee was eligible for one additional paid holiday for every two months in a year if the menstruation period of any women workers starts during her duty in the night shifts.

 

However, under these Rules a woman employee shall be eligible for such additional holiday, simply if she works in nigh shift.

 

 

 

Rule 23

 

Precautions against fire. — Every employer shall take all the measures to protect the

premises and the workers therein from the danger of fire. He shall adopt and implement all such measures as suggested or directed by the Fire Protection Department of the Local Authority or Fire Brigade of that local area or any such authority. It shall be his duty to follow the norms and guidelines for protection against fire as per any law for the time being in force or any direction or instruction issued by any Local Authority or any such authority wherein the establishment is situated.

Rule 23

 

Precautions against fire- (1) Every employer shall take all the measures to protect the premises and the workers therein from the danger of fire. He shall adopt and

implement all such measures as suggested, recommended or directed by the Fire Officer,

Department of the Local Authority or Fire Brigade of that local area or any such

authority. It shall be his duty to follow the norms and guidelines for protection against

fire as per the provisions of any law for the time being in force or any direction or

instruction issued by any Local Authority or any such authority wherein the establishment

is situated. The employer shall produce, whenever demanded by the Facilitator, a copy of the order or instruction or guidelines, etc. issued by the Fire Officer of Local Authority or any such authority.

 

(2) Every employer shall also adopt and implement all the safety measures

mentioned, suggested and recommended in the Fire and Safety Policy as declared by the

Government, from time to time.

 

Under these Rules, the employer is required to produce, whenever demanded by the Facilitator, a copy of the order or instruction or guidelines, etc. issued by the Fire Officer of Local Authority or any such authority.

 

The employer is also required to adopt and implement safety measures recommended not only by the Fire Officer,

Department of the Local Authority or Fire Brigade of that local area, but also in the Fire and Safety Policy as declared by the Government.

 

Rule 24

 

First-aid appliances.- Every employer shall maintain such duly equipped firstaid

box in each establishment with the following first-aid appliances and medicine,

namely:-

(i) small, medium and large sterilized dressing in required numbers;

(ii) large size sterilized burn dressing in required numbers;

(iii) packets of sterilized cotton-wool in required numbers;

(iv) pair of dressing scissors;

(v) bottle containing solution of iodine or mercury-chrome;

(vi) bottle containing solution of savolatine having the dose and mode of

administration indicated on the label;

(vii) bottle containing potassium permanganate crystals;

(viii) any antidote for burns;

 

 

Rule 24

 

First-aid appliances.- Every employer shall maintain such duly equipped firstaid

box in each establishment with the following first-aid appliances and medicine,

namely:-

(i) small, medium and large sterilized dressing in required numbers;

(ii) large size sterilized burn dressing in required numbers;

(iii) packets of sterilized cotton-wool in required numbers;

(iv) pair of dressing scissors;

(v) bottle containing solution of iodine or mercury-chrome;

(vi) bottle containing solution of savolatine having the dose and mode of

administration indicated on the label;

(vii) bottle containing potassium permanganate crystals;

(viii) any antidote for burns;

(ix) sufficient numbers of sanitary napkins for women worker, wherever applicable.

 

Under the Rules, first-aid appliances include

sufficient numbers of sanitary napkins for women worker, wherever applicable.

Please note that, the Department has not expressly provided anywhere in the notification that the Rules are getting notified by its publication in the Official Gazette. We could not get a clarification on this matter from the Maharashtra Labour Department due to the consecutive holidays of Mahaveer Jayanti (29th March, 2018), Good Friday (30th March,2018) and the weekends (31st March, 2018 and 1st April, 2018).

We’ll convey the clarification on the same as soon as we get it from the government department.

Please refer to the attached document for the Rules.

Source: Industries, Energy and Labour Department

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