India: Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Rules, 2018 Notified

Introduction

The Government of Maharashtra (Government) vide notification dated 23 March 2018 has notified the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 (Rules) under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (2017 Act). The Rules, repeal the earlier Maharashtra Shops and Establishments Rules, 1961 (1961 Rules).

The Government vide notification dated 2 February 2018 had notified the draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 (Draft Rules) formulated under the 2017 Act for public comments. Now it appears that the Government has quickly acted upon the public comments that may have been received on the Draft Rules and has thereafter implemented the Rules.

Our earlier newsflash on the key aspects of the Draft Rules can be accessed here.

Key incremental amendments made to the Draft Rules as per the notified Rules:

  • Fees: The fees for the application for registration, renewal of certificate of registration, changes in the certificate of registration, etc. which were proposed in the Draft Rules, have been waived. However, the employer may be required to pay the electronic transaction or service charges as may be fixed by the Government from time to time for availing e-services under the 2017 Act and the Rules.
  • Complaint box and display of numbers: This is a new requirement under the Rules. Every employer is under an obligation to maintain a complaint box and display the phone numbers of local police station, control room and women help line number prominently in the establishment. This provision was missing in the Draft Rules.
  • Security guard: Engagement of sufficient number of woman security guards has been made mandatory in establishments employing not less than 10 (ten) women workers. The mandatory police verification of such women security guards has also been prescribed. This provision was missing in the Draft Rules.
  • Additional paid holiday: The provision under the Draft Rules related to additional paid holiday for women workers working during night shifts has been modified. Now, every women worker who works during the night as per her shift schedule is entitled to 1 (one) additional paid holiday for every 2 (two) months in a year.
  • Submission of undertaking related to safety of women: Every employer has been obligated to submit an undertaking on an annual basis that he shall provide all the facilities as mentioned under Rule 13 of the Rules (Conditions for employment of women in general as well as in night shifts) and shall take due care and diligence regarding the safety, dignity and honour of women workers in general and particularly of those working during the night shift. This provision was missing in the Draft Rules.
  • Part-time employment: It has been prescribed that the 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 (eight) hours with 15% (fifteen percent) rise in it or by dividing the prevailing rate of per day wages fixed for permanent workers doing similar nature of work in that establishment by 8 (eight) hours with 15% (fifteen percent) rise in it, whichever is higher. It has also now been prescribed that no part time worker shall be allowed to work overtime under any circumstances. These conditions appear to be aimed to prevent misuse of the engagement of part time workers.
  • Health, Safety and Welfare Committee: As per the provisions the provisions related to Health, Safety and Welfare Committee under the Rules, it has been prescribed that the said committee shall consist of equal number of employer and worker's representatives. Also, the said committee is required to have sufficient number of representatives of women, wherever women workers are employed. This provision was missing in the Draft Rules.
  • Precautions against fire: Every employer has been obligated to 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. This provision was missing in the Draft Rules.
  • Preservation of records: As per the Rules, every employer or manager shall preserve the inspection records of the Facilitator for a period of 3 (three) years, instead of the 5 (five) years requirement under the Draft Rules.
  • Annual Return: As per the Rules, every employer shall upload the annual return online in Form 'R' on the website within 2 (two) months for the year ending on 31 December. Under the Draft Rules, the annual return was required to be submitted within 2 (two) months after the closing of the financial year ending on 31 March. Clarity would be required concerning particulars of the website for annual return filing and other prescribed forms.
  • Fee for compounding of offence: The maximum fees for compounding of an offence may be imposed by the compounding officer shall not be less than 50% (fifty percent) of the maximum fine specified for such offence under the 2017 Act. As per the Draft Rules, the maximum fees for compounding of offence was not less than 75% (seventy five percent).
  • Information regarding persons discharging managerial function: The information to the facilitator in Form 'T' related to the names, designation and brief nature of duties of persons who are discharging managerial function, is required to be submitted annually and whenever there is any change, during the year. This provision was missing in the Draft Rules.
  • Information regarding persons doing confidential work: The information in Form 'U' related to the names of persons who are occupying position of confidential character in an establishment, is required to be submitted annually and whenever there is any change, during the year. This provision was missing in the Draft Rules.

Comment

The Government has acted swiftly by implementing the Rules soon after releasing the Draft Rules for stakeholders' comments. Read with the 2017 Act, the Rules are aimed to facilitate ease of doing business, ease of compliance and represent major reforms towards workplace safety issues and welfare provisions especially for women workers. Needless to mention that the overall implementation of legislative intent of the 2017 Act and the Rules would largely depend on a proactive state machinery in cooperation with the establishments which must also take steps to make themselves aware of the new statutory framework.

The content of this document do not necessarily reflect the views/position of Khaitan & Co but remain solely those of the author(s). For any further queries or follow up please contact Khaitan & Co at legalalerts@khaitanco.com

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
 
Email Address
Company Name
Password
Confirm Password
Position
Industry
Mondaq Newsalert
Select Topics
Select Regions
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions