Compliance Checklist - Maharashtra Shops And Establishments (Regularisation of Employment & Condition of Employment) Act, 2017 & Rules 2018
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Maharashtra Shops And Establishments (Regularisation of Employment & Condition of Employment) Act, 2017 & Rules 2018
Compliance Checklist
Here is the compliance checklist I've created, which an establishment need to be comply within the State of Maharashtra under Maharashtra Shops And Establishments (Regularisation of Employment & Condition of Employment) Act, 2017 & Rules 2018
Maharashtra Shops And Establishments (Regularisation Of Employment & Condition of Employment) Act, 2017 & Rules 2018 | |||||
Sr. No | Provisions | Section | Rules | Form | Type of Compliance |
1 | Registration Certificate - to be obtained the within 30 days from the commencement of the establishment | Section.7 | Rule 5 | Form A | Registration |
2 | Registration Certificate - shall be displayed prominently | Section.7(2) | Rule 6 | Form B | Display |
3 | Application for Renewal of Registration Certificate - to be renewed on or before 15 days before the expiry | Section.7 (2-A) | Rule 6 | Form D | Renewal Application |
4 | Amendment - Date of Commencement Change | Section.8 | Rule 7 | Form E | Amendment in registration |
5 | Amendment - Employees Count | Section.8 | Rule 7 | Form E | Amendment in registration |
6 | Intimation of Commencement of business - by employer engaging less than ten worker, as specified in Part 'C' of the Schedule | Rule 8 | Form F | Application for Intimation & Self Declaration | |
7 | Issue of Receipt of Intimation - online & need to maintain | Rule 9 | Form G | Application for Intimation & Self Declaration | |
8 | Interval for Rest - After 5 hours half hour rest shall be given | Section.12 | Rule 14 | Form M | Document/ Working conditions |
9 | Consent of Women Worker to Work in Night Shift - between 9:30 PM to 7:00 AM | Section. 13(2) | Rule 20(2)(b) | Form L | Document/ Working conditions |
10 | Spread over of periods of work : Should not exceed 12 hrs | Section 14 | ---- | ---- | Working conditions |
11 | Overtime Limit - Shall not exceed 125 hours in a period of three month | Section 15 | ---- | ---- | Working conditions |
12 | Overtime Wages - OT wages at the rate of twice of ordinary rate of wages | Section 15 | ---- | ---- | Wages/Benefits |
13 | Notice of Shift Schedule, weekly holiday of Worker engages in shift | Section 16(1)(a) | Rule 16(1) | Form N | Document |
14 | Week-off comp-off - If a worker is denied weekly holiday, the Comp-off leave in lieu thereof shall be given within Two Month of such weekly holiday | Section 16(1)(c) | ---- | ---- | Working conditions |
15 | Week-off Wages :- Worker shall be entitled to wages at the rate of twice ordinary rate of wages | Section 16(1)(e) | Wages/Benefits | ||
16 | The permission/exemption to be obtained for 365 days working | ---- | ---- | Special exemption | |
17 | ID Card - Employer to furnish ID Card to worker provided | Section 17 | Rule 18 | ---- | Document |
18 | ID Card to worker Format - Name of Employer & postal Address of establishment |
Section 17 (a) & (b)
| ---- | Document | |
19 | ID Card to worker Format - Employee Name & Ages; DOJ, Department, Nature of Work |
Section 17 (c)(d)&(e)
| ---- | Document | |
20 | ID Card to worker Format - Manager Signature with date | Section 17 (f) | ---- | Document | |
21 | ID Card to worker Format - Blood Group of Employee | Section 17 (g) | ---- | Document | |
22 | ID Card to worker Format - Adhaar Card Number | Section 17 (h) | ---- | Document | |
23 | ID Card to worker Format - Emergency Contact Number | Section 17 | Rule 18(1) | ---- | Document |
24 | Weekly Holidays : Every worker shall allow a weekly holiday with wages | Section.18(1) | Rule 14 | Form M | Working conditions |
25 | Leave Book - Employee getting 8 Casual Leave & credited on quarterly basis | Section 18(2) | Rule 19 | Form O | Document |
26 | Leave Book - Employee getting 1 leave with wages for every 20 days of work done, who has worked for 240 days or more in a calendar year - Leave Book | Section 18(3) | Rule 19 | Form O | Document |
27 | Leave Book - Leave Accumulation- worker shall be permitted to accumulate earned leave upto max 45 days | Section.18(5) | Rule 19 | Form O | Document |
28 | Leave Book - Entitled of 8 Festival Holiday including 26 Jan, 1 May, 15 Aug & 2 Oct | Section 18(7) | Form O | Document | |
29 | Leave Book - Wages for working on Festival Holiday - paid wages at a rate equivalent to the daily average of wage | Section 18(7) | Form O | Document | |
30 | Leave Book - Leave for working on Festival Holiday - Employee is entitled for leave in any another day | Section 18(7) | Form O | Document | |
31 | Leave wages payable - Discharged by the employer, refusal of leave and resignation by the employee | Section 18(6) | Form O | Document | |
32 | Notice of Maximum Leave Accumulated - Notice to employee whose max. 45 days leave has been accumulated. | Section 18(5) | Rule 20 | Form P | Document |
33 | Employer shall take health & Safety measure | Section 19(1) & (2) | Rule 21 | ---- | Safety |
34 | Health, Safety & Welfare Committee - Mandatory for Establishment having 100 or more workers | Section 19(1) & (2) | Rule 21(1) | Safety | |
35 | Health, Safety & Welfare Committee - constitute - Chairman, HOD from all department | Section 19(1) & (2) |
Rule 21(2)(ii)
&(ii) | Safety | |
36 | Health, Safety & Welfare Committee - Presence of Women in Committee | Section 19(1) & (2) | Rule 21(iii) | Safety | |
37 | Health, Safety & Welfare Committee - Survey Report | Section 19(1) & (2) | Rule 21(3)(i) | Safety | |
38 | Health, Safety & Welfare Committee - To conduct health care or wellness camp once in a year | Section 19(1) & (2) | Rule 21(3)(iii) | Safety | |
39 | Health, Safety & Welfare Committee - To create awareness about any contagious disease or epidemics or any natural calamities or any calamities due to accident. fire, etc. | Section 19(1) & (2) | Rule 21(3)(iv) | Safety | |
40 | Health, Safety & Welfare Committee - To create recreation, cultural, sports activities annually | Section 19(1) & (2) | Rule 21(3)(v) | Safety | |
41 | Health, Safety & Welfare Committee - To conduct social & educational awareness programs like Swachh Bharat Abhiyan, Tree Plantation, Family welfare, Beti Bachao-Beti Padhao, etc | Section 19(1) & (2) | Rule 21(3)(vi) | Safety | |
42 | First-Aid - Facility as prescribed | Section 20 | Rule 24 | Prescribed norms | Working conditions |
43 | Drinking Water Facility | Section 21 | ---- | ---- | Working conditions |
44 | Latrines & Urinals | Section 22 | Rule 25 | ---- | Working conditions |
45 | Precautions against Fire - Guidelines for Fire Safety | Rule 23 | |||
46 | Creche Facility - Is required if establishment is having 50 or more worker | Section 23 | ---- | ---- | Working conditions |
47 | Common Creche Facility - group of establishment had common creche facility then permission from Chief facilitator is required | Section 23 | Document | ||
48 | Canteen - Mandatory for having 100 worker | Section 24 | Working conditions | ||
49 | Common Canteen - group of establishment had common canteen then permission from Chief facilitator is required | Section 24 | ---- | Document | |
50 | Complain Box | ---- | Rule 13(iv) | ---- | Safety |
51 | Display of phone number of Local Police Station, Control Room & Women Helpline Number | Rule 13(iv) | Safety | ||
52 | Number of Female worker at Night shall not be less than Three at any point of time | Rule 13(2)(ii) | Safety | ||
53 | Additional One Paid Holidays for women working in Night for every Two Month in a year- | Rule 13(2)(iv) | Working conditions | ||
54 | Part-time Employee Compliance - Daily Working -Max 5 hours in a day | Rule 17(1) | ---- | Working conditions | |
55 | Part-time Employee Compliance - Wages - | Rule 17 (2) | ---- | Wages/Benefits | |
56 | Part-time Employee Compliance - OverTime | Rule 17 (3) | ---- | Working conditions | |
57 | Maintenance of Registers and records: - Muster-Roll cum Wages Register | Section 25 | Rule 26(1) | Form Q | Register & Records |
58 | Preservation of Inspection Record of the Facilitator for Three Years | Section 25 | Rule 26(4) | Register & Records | |
59 | Annual Return - on website within Two Month for year ending on 31 December | Section 26 | Rule 27 | Form R | Return |
60 | Intimation of person discharging managerial function - Annually | Section 6 | Rule 33 | Form T | Document |
61 | Intimation of person doing confidential work - Annually | Section 6 | Rule 34 | Form U | Document |
62 | Name Board - In Marathi | Rule 35 | Display |
Compliance Checklist
Maharashtra Shops And Establishments (Regularisation of Employment & Condition of Employment) Act 2017
Location:
Mumbai, Maharashtra, India
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