Question : Model Shops and Establishments

(a)the salient features and current status of Model Shops and Establishments(Regulation of Employment and Conditions of Services) Bill, 2016;
(b)whether this provides for liberty to States for fine tuning the Model bill while making Acts to suit their requirement;
(c)if so, the details thereof;
(d)whether this Model bill gives freedom to operate for 365 days in a year and opening/closing time of establishment, women to be permitted employment during night shift, the provision of shelter, rest room, ladies toilets, adequate protection of their dignity and transportation etc.; and
(e)if so, the details thereof?

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) to (e): The Government have framed the “Model Shops and Establishment(Regulation of employment and Conditions of Service)Bill 2016 and it has been circulated to all states for adopting the same as it is or by modifying their existing State Shops and Establishment Act as per their requirement on voluntary basis.

Contd..2/-





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The salient features of Model Shops and Establishment Bill, 2016 are as under:

• Applies to shops and establishments employing ten or more workers except manufacturing units.
• Freedom to operate 365 days in a year.
• Freedom for opening/closing time of establishment.
• Women to be permitted during night shift.
• No discrimination against women in the matter of recruitment, training, transfer or promotions.
• Online one common Registration through a simplified procedure.
• Power of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers.
• Clean and safe drinking water.
• Lavatory, Crèche, First Aid and Canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment.
• Eight days casual Leave.
• One day earned leave for every twenty days of work performed (can be accumulated upto 45 days).
• Five paid holidays for festivals in addition to three national holidays.
• Exemption of highly skilled workers (for example workers employed in I.T., Bio-Technology and R&D division) from. daily working hours of 9 hrs. and weekly working hrs. of 48 hrs. subject to maximum 125 over-time hrs. in a quarter.
• Facilitators may be appointed by the Government with the following duties –
(i) Supply information and advice to employers and workers concerning complying with the provisions of the Act.
(ii) Inspect the establishment based on inspection scheme framed by the Government
• Offences
1. Opportunity for compliance of irregularities
2. Graded punishment
3. Irregularities other than safety related are compoundable

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