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Labour Compliance Checklist For Mumbai Per The New Shops Act

The document provides a compliance checklist for shops and establishments in Mumbai outlining various registration, display, record-keeping and reporting requirements according to the new Shops Act, including requirements for displaying name boards, maintaining registration certificates, posting notices of work hours and shifts, and ensuring safety measures for women workers. It also lists forms and provides notes on electronic maintenance and submission of some required documents.

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738 views4 pages

Labour Compliance Checklist For Mumbai Per The New Shops Act

The document provides a compliance checklist for shops and establishments in Mumbai outlining various registration, display, record-keeping and reporting requirements according to the new Shops Act, including requirements for displaying name boards, maintaining registration certificates, posting notices of work hours and shifts, and ensuring safety measures for women workers. It also lists forms and provides notes on electronic maintenance and submission of some required documents.

Uploaded by

wertyderry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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COMPLIANCE CHECKLIST FOR MUMBAI

Per the new Shops Act

Sl. Requirement Form


No.
I. Maharashtra Shops And Establishments (Regulation Of Employment And Conditions of
Service) Act, 2017, read with Maharashtra Shops and Establishments (Regulation of
Employment and Conditions of Service) Rules, 2018

a. i. Application for renewal of registration certificate. Form D

ii. Notice of Change to be submitted. Form I

iii. Notice of closure of business to be intimated within 30 days where in Form J


the establishments having 10 or more employees

[Note: Registrations / Renewals /Amendments and the returns will have to be


filed online.]

b. The name board of the establishment to be displayed in Marathi (in


Devnagiri script) and any other language. The name in Marathi should be
in bigger font compared to the other language.

c. The latest registration certificate of the establishment received under the


abovementioned statue must be prominently displayed at the premises.
[Note: Per the new Act, the display of registration certificate is not mandatory.
However, the registration certificate needs to be produced when demanded by the
Facilitator/Inspector.]

d. The order/instructions or guidelines issued by the fire officers or fire


brigade or local authority or such authority in relation to fire safety have
to be maintained and produced when demanded by the
Facilitator/Inspector.
e. Notices and Displays:

(i) Notice of hours of work, rest interval, weekly holiday have to be Form M
displayed on the establishment’s intranet and on the notice board
of the establishment.

(ii) Notice of shift schedule, weekly holiday of workers engaged in Form N


shift to be displayed well in advance on the establishment’s
intranet and on the notice board of the establishment. A copy of the
same shall be send to the Facilitator/Inspector electronically or
otherwise.
[Note: There should not be less than 12 hours gap/rest between the 2 shifts of an
employee.]
Form P
(iii) Notice of maximum accumulated leave (45 days) to be given to the
worker once he reaches the maximum limit in the first quarter of
the year.
Form O
(iv) A leave book needs to be issued to the employees for maintaining
details of leave and a copy of the same to be retained by the
employer.
[Note: The employer is free to maintain Leave Book in such format as he deems fit
providing therein all the particulars which would be inconsonance with Form Form Q
‘O’.]

(v) Muster-Roll cum Wages Register to be maintained for a period of


3 years after the last entry is made therein.
[Note: 1. The above mentioned register may not be maintained if a muster roll-
cum-wage register under sub-rule (1) of rule 27 of the Maharashtra Minimum
Wage Rules, 1963, is maintained].
[Note: 2. The above mentioned register could be maintained in electronic format Form R
and be printed out and produced when requested ]

(vi) Annual return for the year ending December 31st to be uploaded
online within two months. A print copy of the same needs to be
furnished as and when demanded by the Facilitator/Inspector.

f. Identity card issued in electronic form have to maintain in a hard copy


and the same shall be produced as and when demanded by the
Facilitator/Inspector.

g. Intimating the facilitator/Inspector regarding the persons discharging Form T


managerial function annually.
[Note: Managerial functions are defined as such functions which are inherently
supervisory in nature with powers and authority to take all policy and
administrative decision in the organization].

h. Intimating the Facilitator/Inspector regarding the persons doing Form U


confidential work annually.
[Note: The number of persons doing confidential work shall not be more than 1%
of the total strength of workers of the establishment subject to a maximum of 50
persons.]
i. Conditions for employment of women in general and in night shift:

i. The employer shall maintain a complaint box and also display the
phone numbers of local police station, control room and women help
line number prominently in the establishment;

ii. Sufficient number of women security guards shall be engaged where


the establishment engages not less than 10 women workers. The
police verification of such women security guards is mandatory;

iii. Woman shall be allowed to work between 9.30 p.m. and 7.00 a.m. Form L
only after obtaining her consent;

iv. Separate transportation for all women working in night shift to be


provided;

v. The details of drivers, guards and all such workers engaged by the
employer or through any agency or contractor have to be
maintained;

vi. The employer shall annually submit an undertaking to the


Facilitator/Inspector that he shall provide all the facilities as
mentioned in the 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.

[Note: the number of women working in night shift shall not be less than 3
at any point of time]

II. Do’s and Don’ts while dealing with Labour Department


a. The Do’s and Don’ts sheet must be maintained at the main reception with
the relevant security guards.

We recommend that all new security guards be trained to follow protocol


b.
while dealing with labour officials.

The intimations to the Facilitator/Inspector regarding the persons


c. discharging managerial / confidential function annually would have to be
vetted by TLA before submission.

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