Understanding the Key Changes in the Maharashtra Shops and Establishments Act, 2017: What Employers and Employees Need to Know

Maharashtra Shops and Establishments Act, 2017 Highlights

The Maharashtra Government, via a gazette dated 7th September 2017, has published the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. Following are the important highlights of the Act:

- The Act will be applicable to establishments employing 10 or more persons. The application for registration under the Act can be made online.

- There is only one head of definition, i.e., "Establishment," which will cover shops, residential hotels, restaurants, eating houses, theatres, and other places of public amusement. Establishments of legal practitioners are removed from the definition.

- Women can work between 9:30 p.m. and 7 a.m., subject to safety provisions met by the employer as per the Act.

- An establishment may be kept open for business on all days in a week, but every worker shall be allowed a weekly holiday of at least twenty-four consecutive hours of rest. Specific timings of opening and closing are not mentioned, which may be fixed by the State Government through an official notification.

- The spread-over of a worker in an establishment shall not exceed ten and a half hours in any day, reduced from the existing eleven hours.

- The interval of rest after five hours of work is half an hour, reduced from the existing one hour.

- Overtime has been provided at one hundred twenty-five hours in a quarter, increased from six hours a week.

- Earned/Privileged leave has been increased to forty-five days from forty-two days. Workers can encash leave in excess of forty-five days if the employer refuses to sanction the leave.

- Irrespective of the period of employment, employees are entitled to eight festival holidays a year.

- Welfare measures such as a canteen, drinking water, and creche facilities have been introduced. Canteen facilities shall be provided for establishments employing more than one hundred employees. Drinking water facilities should be provided at suitable points. Creche facilities have 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- The existing Maharashtra Shops Act, 1948, will be repealed once the new Act comes into force.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 through publication in the official gazette. The Rules pursuant to the Act are yet to be published.

You can download all recent amendments and notifications from www.simpliance.in

It seems you've provided a detailed summary of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. If you're looking for clarification on some aspects of this Act, let's break down the key points:

1. Applicability of the Act: 🏂 This Act applies to establishments employing 10 or more persons. The registration process for this Act can be done online, which is a simple and efficient process.

2. Definition of Establishment: 🏰 The Act now has a broader definition of "Establishment" which includes a variety of public places such as shops, residential hotels, restaurants, eating houses, theatres, etc. Legal Practitioners' establishments are no longer included in this definition.

3. Women's Working Hours: 🤀 Female employees are allowed to work between 9.30 p.m. and 7 a.m., provided the employer meets safety provisions as per the Act.

4. Weekly Holidays: 💃🏻 The Act allows establishments to remain open all week, but ensures that every worker gets at least one full day (24 consecutive hours) off per week.

5. Working Hours and Rest: 🤣 The total working hours for a worker in a day should not exceed ten and a half hours, and after every five hours of work, a worker is entitled to a half-hour rest.

6. Overtime: 🕰️ Overtime has been increased to 125 hours per quarter from previously 6 hours per week.

7. Earned/Privileged Leave: 🏖️ The Act has increased the Earned/Privileged Leave to forty-five days from forty-two days. Workers can encash leave in excess of forty-five days if the employer refuses to sanction the leave.

8. Festival Holidays: 🎁 Regardless of their tenure, all employees are entitled to eight festival holidays a year.

9. Welfare Measures: 🏭🚼🏞️ The Act introduces welfare measures like providing Canteen for establishments employing more than a hundred employees, accessible Drinking Water points, and a Creche facility within a radius of one kilometre where there are more than fifty employees employed.

Remember, the existing Maharashtra Shops Act, 1948 will be repealed once this new Act comes into force, and the effective date will be notified later. For updates on this Act and other labor laws, keep an eye on the official gazette and relevant websites like www.simpliance.in.