Saturday 29 February 2020

Compliance Checklist - 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

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. NoProvisionsSectionRulesFormType of Compliance
1Registration Certificate - to be obtained the within 30 days from the commencement of the establishmentSection.7Rule 5Form ARegistration
2Registration Certificate - shall be displayed prominentlySection.7(2)Rule 6Form BDisplay
3Application for Renewal of Registration Certificate - to be renewed on or before 15 days before the expirySection.7 (2-A)Rule 6Form DRenewal Application
4Amendment - Date of Commencement ChangeSection.8Rule 7Form EAmendment in registration
5Amendment - Employees CountSection.8Rule 7Form EAmendment in registration
6Intimation of Commencement of business - by employer engaging less than ten worker, as specified in Part 'C' of the ScheduleRule 8Form FApplication for Intimation & Self Declaration
7Issue of Receipt of Intimation - online & need to maintainRule 9Form GApplication for Intimation & Self Declaration
8Interval for Rest - After 5 hours half hour rest shall be givenSection.12Rule 14Form MDocument/ Working conditions
9Consent of Women Worker to Work in Night Shift - between 9:30 PM to 7:00 AMSection. 13(2)Rule 20(2)(b)Form LDocument/ Working conditions
10Spread over of periods of work : Should not exceed 12 hrsSection 14--------Working conditions
11Overtime Limit - Shall not exceed 125 hours in a period of three monthSection 15--------Working conditions
12Overtime Wages - OT wages at the rate of twice of ordinary rate of wagesSection 15--------Wages/Benefits
13Notice of Shift Schedule, weekly holiday of Worker engages in shiftSection 16(1)(a)Rule 16(1)Form NDocument
14Week-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 holidaySection 16(1)(c)--------Working conditions
15Week-off Wages :- Worker shall be entitled to wages at the rate of twice ordinary rate of wagesSection 16(1)(e)Wages/Benefits
16The permission/exemption to be obtained for 365 days working--------Special exemption
17ID Card - Employer to furnish ID Card to worker providedSection 17Rule 18----Document
18ID Card to worker Format - Name of Employer & postal Address of establishment
Section 17 (a) & (b)
----Document
19ID Card to worker Format - Employee Name & Ages; DOJ, Department, Nature of Work
Section 17 (c)(d)&(e)
----Document
20ID Card to worker Format - Manager Signature with dateSection 17 (f)----Document
21ID Card to worker Format - Blood Group of EmployeeSection 17 (g)----Document
22ID Card to worker Format - Adhaar Card NumberSection 17 (h)----Document
23ID Card to worker Format - Emergency Contact NumberSection 17Rule 18(1)----Document
24Weekly Holidays : Every worker shall allow a weekly holiday with wagesSection.18(1)Rule 14Form MWorking conditions
25Leave Book - Employee getting 8 Casual Leave & credited on quarterly basisSection 18(2)Rule 19Form ODocument
26Leave 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 BookSection 18(3)Rule 19Form ODocument
27Leave Book - Leave Accumulation- worker shall be permitted to accumulate earned leave upto max 45 daysSection.18(5)Rule 19Form ODocument
28Leave Book - Entitled of 8 Festival Holiday including 26 Jan, 1 May, 15 Aug & 2 OctSection 18(7)Form ODocument
29Leave Book - Wages for working on Festival Holiday - paid wages at a rate equivalent to the daily average of wageSection 18(7)Form ODocument
30Leave Book - Leave for working on Festival Holiday - Employee is entitled for leave in any another daySection 18(7)Form ODocument
31Leave wages payable - Discharged by the employer, refusal of leave and resignation by the employeeSection 18(6)Form ODocument
32Notice of Maximum Leave Accumulated - Notice to employee whose max. 45 days leave has been accumulated.Section 18(5)Rule 20Form PDocument
33Employer shall take health & Safety measureSection 19(1) & (2)Rule 21----Safety
34Health, Safety & Welfare Committee - Mandatory for Establishment having 100 or more workersSection 19(1) & (2)Rule 21(1)Safety
35Health, Safety & Welfare Committee - constitute - Chairman, HOD from all departmentSection 19(1) & (2)
Rule 21(2)(ii)
&(ii)
Safety
36Health, Safety & Welfare Committee - Presence of Women in CommitteeSection 19(1) & (2)Rule 21(iii)Safety
37Health, Safety & Welfare Committee - Survey ReportSection 19(1) & (2)Rule 21(3)(i)Safety
38Health, Safety & Welfare Committee - To conduct health care or wellness camp once in a yearSection 19(1) & (2)Rule 21(3)(iii)Safety
39Health, 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
40Health, Safety & Welfare Committee - To create recreation, cultural, sports activities annuallySection 19(1) & (2)Rule 21(3)(v)Safety
41Health, Safety & Welfare Committee - To conduct social & educational awareness programs like Swachh Bharat Abhiyan, Tree Plantation, Family welfare, Beti Bachao-Beti Padhao, etcSection 19(1) & (2)Rule 21(3)(vi)Safety
42First-Aid - Facility as prescribedSection 20Rule 24Prescribed normsWorking conditions
43Drinking Water FacilitySection 21--------Working conditions
44Latrines & UrinalsSection 22Rule 25----Working conditions
45Precautions against Fire - Guidelines for Fire SafetyRule 23
46Creche Facility - Is required if establishment is having 50 or more workerSection 23--------Working conditions
47Common Creche Facility - group of establishment had common creche facility then permission from Chief facilitator is requiredSection 23Document
48Canteen - Mandatory for having 100 workerSection 24Working conditions
49Common Canteen - group of establishment had common canteen then permission from Chief facilitator is requiredSection 24----Document
50Complain Box----Rule 13(iv)----Safety
51Display of phone number of Local Police Station, Control Room & Women Helpline NumberRule 13(iv)Safety
52Number of Female worker at Night shall not be less than Three at any point of timeRule 13(2)(ii)Safety
53Additional One Paid Holidays for women working in Night for every Two Month in a year-Rule 13(2)(iv)Working conditions
54Part-time Employee Compliance - Daily Working -Max 5 hours in a dayRule 17(1)----Working conditions
55Part-time Employee Compliance - Wages -Rule 17 (2)----Wages/Benefits
56Part-time Employee Compliance - OverTimeRule 17 (3)----Working conditions
57Maintenance of Registers and records: - Muster-Roll cum Wages RegisterSection 25Rule 26(1)Form QRegister & Records
58Preservation of Inspection Record of the Facilitator for Three YearsSection 25Rule 26(4)Register & Records
59Annual Return - on website within Two Month for year ending on 31 DecemberSection 26Rule 27Form RReturn
60Intimation of person discharging managerial function - AnnuallySection 6Rule 33Form TDocument
61Intimation of person doing confidential work - AnnuallySection 6Rule 34Form UDocument
62Name Board - In MarathiRule 35Display


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