Comprehensive Guide to Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, along with its Rules, 2018, governs employment and working conditions across various establishments in Maharashtra. Below is a detailed guide covering the critical provisions and compliances under this act.

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Applicability

The provisions, except Section 7, apply to establishments employing ten or more workers. Section 7 applies to those employing less than ten workers.

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Labour law compliance is a critical aspect of running a business in Maharashtra. The state has specific regulations under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, and other labour laws that businesses must adhere to. Non-compliance can result in penalties, legal disputes, and reputational damage. To help businesses stay compliant, we’ve prepared a detailed checklist covering all essential requirements.

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Why is Labour Law Compliance Important in Maharashtra?

Labour laws in Maharashtra are designed to ensure fair treatment of employees, safe working conditions, and proper documentation. Compliance not only helps businesses avoid legal issues but also fosters a positive work environment, boosting employee morale and productivity. Key areas of compliance include workplace safety, employee rights, record-keeping, and timely reporting.

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Comprehensive Labour Law Compliance Checklist for Maharashtra Shop Act

Below is a detailed checklist to help businesses ensure compliance with Maharashtra’s labour laws. This checklist is categorized into key areas such as licensing, workplace conditions, employee rights, health and safety, and record-keeping.

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1. Licensing and Documentation

• Licence Status: Ensure the establishment’s licence is valid and supported by photographic evidence.
  Risk: High | Periodicity: One Time
• Name Board in Marathi Language: Display the name board in Marathi as per Section 6.
  Risk: High | Periodicity: Every Time

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2. Workplace Conditions

• Lighting and Illumination: Provide proper lighting inside and outside the establishment as per Rule 19(1).
  Risk: High | Periodicity: Every Time
• Complaint Box: Install a complaint box as per Rule 81(iv).
  Risk: High | Periodicity: Every Time
• Emergency Contact Information: Display contact numbers of the local police station, control room, and women’s helpline as per Rule 81(iv).
  Risk: High | Periodicity: Every Time
• Separate Washrooms for Women: Ensure separate washrooms for women employees.
  Risk: High | Periodicity: Every Time
• Cleanliness and Ventilation: Maintain clean, infection-free premises with proper ventilation and lighting as per Section 19(1) and Rule 18.
  Risk: High | Periodicity: Every Time
• Drinking Water: Provide wholesome drinking water.
  Risk: High | Periodicity: Every Time
• Latrines and Urinals: Ensure separate facilities for men and women with anti-bacterial liquid soap as per Rule 18(v) and Rule 18(i).
  Risk: High | Periodicity: Every Time

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3. Employee Rights and Benefits

• Consent for Night Shift (Women Workers): Obtain consent from women workers for night shifts using Form L as per Rule 13(i).
  Risk: High | Periodicity: Every Time
• Notice of Hours of Work and Holidays: Display a notice showing hours of work, rest intervals, and weekly holidays using Form M as per Rule 14.
  Risk: High | Periodicity: Every Time
• Weekly Holidays: Provide weekly holidays to all workers as per Section 16(1)(b). If denied, ensure compensatory leave and overtime pay as per Section 16(1)(e) and Section 16(1)(c).
  Risk: High | Periodicity: Every Time
• Shift Schedule Notice: Display the shift schedule and weekly holidays for shift workers using Form N as per Rule 14.
  Risk: High | Periodicity: Every Time
• Part-Time Workers: Ensure compliance if part-time workers are employed as per Section 3(3).
  Risk: High | Periodicity: Every Time
• ID Cards: Provide ID cards to all employees with details such as employer name, employee name, DOJ, department, nature of work, blood group, Aadhar number, and emergency contact as per Section 17 and Rule 19(1)(a).
  Risk: High | Periodicity: Every Time
• Leave Records: Maintain leave records using Form O as per Rule 19.
  Risk: High | Periodicity: Every Month
• Casual and Privilege Leave: Ensure proper allocation of casual and privilege leave as per Section 18(2) and Section 18(3)-(5).
  Risk: High | Periodicity: Every Three Months
• Festival Holidays: Provide the specified number of festival holidays as per Section 18(7).
  Risk: High | Periodicity: Every Year

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4. Health and Safety

• First Aid Box: Maintain a first aid box as per Section 3(3) and Rule 24.
  Risk: High | Periodicity: Every Time
• Creche Facility: Provide a creche facility as per Section 23.
  Risk: High | Periodicity: One Time
• Safety and Welfare Committee: Constitute a Safety and Welfare Committee as per Rule 21(1).
  Risk: High | Periodicity: Ongoing
• Canteen Facility: Provide a canteen as per Section 24.
  Risk: High | Periodicity: One Time

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5. Record-Keeping and Reporting

• Preservation of Records: Maintain records for the last three years as per Rule 3(4).
  Risk: High | Periodicity: Every Three Years
• Annual Return: Submit an annual return using Form R as per Rule 27.
  Risk: High | Periodicity: Every Year
• Managerial Functions: Inform the Facilitator of persons discharging managerial functions using Form T as per Rule 33.
  Risk: High | Periodicity: Every Year
• Confidential Positions: Inform the Facilitator of persons in confidential positions using Form U as per Rule 34.
  Risk: High | Periodicity: Every Year

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Key Takeaways for Businesses

• Regular Audits: Conduct regular internal audits to ensure compliance with all labour laws.
• Documentation: Maintain accurate and up-to-date records as required by law.
• Employee Awareness: Educate employees about their rights and the company’s compliance measures.
• Timely Reporting: Submit all required forms and reports within the specified deadlines.

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Conclusion

Labour law compliance in Maharashtra is not just a legal obligation but also a way to build trust and credibility with employees. By following this comprehensive checklist, businesses can ensure they meet all regulatory requirements and create a safe, fair, and productive work environment. Stay updated with any changes in labour laws and consult legal experts if needed to avoid compliance pitfalls.

For more updates on labour law compliance and other regulatory requirements, visit ComplianceAge.