Maharashtra Government allows shops to remain open all year round

In order to assist retailers to create a more conducive business environment in the State of Maharashtra the State Government has vide notification dated 17th March 2015 issued by Department of Industries, Energy & Labour of Maharashtra amended the Maharashtra Shops & Establishment Act, 1948 (‘the Act”) by inserting a new entry i.e. “686” to Schedule II of the Act which is aimed at easing doing business in Maharashtra. The key highlights of the new entry no. 686 are detailed below:

  1. All the shops registered under Section 18 of the Act and other establishments in the State shall be permitted to remain open on all 7 days in a week throughout the year till 10 p.m.;
  2. The employees would be given a weekly off and the work hours should not be more than 9 hours per day and not more than 48 hours a week & new staff shall be appointed for extended timings;
  3. The spread over of an employee shall not exceed 11 hours in a day;
  4. Every employee shall be given a rest period of one hour after 5 hours of continuous work;
  5. No children should be employed in any shop;
  6. The employees shall be entitled to overtime wages in accordance with Section 63 of the Act and shall also be given national & festival holidays with wages;
  7. Every employee shall be provided with identity card as provided under Section 25 of the Act;
  8. Consent letters shall be taken from employees and should be kept as record with the employer &
  9. In case of violation of any of the above terms and conditions noticed by shop inspector the exemption shall be cancelled after giving notice to the shop.

The key highlights of the new entry no. 686 for a female employee are detailed below:

  1.  Women employees shall work in these establishments till 9.30 p.m;
  2. Female employees shall be provided with separate lockers, security and rest rooms at the work place;

A shop or establishment that has female employees should have a sexual harassment redressal committee in place.

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