MHState

Labour Rules & Acts in Maharashtra

Comprehensive list of labour legislation applicable in Maharashtra, including acts, rules, notifications, and amendments.

Total Rules & Acts

3

Categories Covered

1

Active Rules

3

Shops & Establishments

3 entries
ACT

The Bombay Shops and Establishments Act, 1948 :

Objective The Maharashtra Shops and Establishments law aims to regulate the working conditions of employees engaged in shops, commercial establishments and other covered establishments in the State of Maharashtra. The key objective of the Act is to ensure proper regulation of employment conditions, including working hours, overtime, rest intervals, weekly holidays, leave entitlement, employee welfare, registration, inspection and compliance enforcement.

Key Provisions

  • Key Provisions
  • Mandatory registration / intimation of shops and commercial establishments.
  • Regulation of opening and closing hours, daily and weekly working hours.
  • Provisions relating to rest intervals, weekly holidays, annual leave and overtime.
  • Maintenance of statutory registers, records and notices.
  • Powers and procedures relating to inspection and enforcement by authorities.
  • Employee welfare-related provisions, including leave and working conditions.
  • Prohibition of child labour and regulation of working conditions for women employees.
  • Registration of commercial establishments within the prescribed timeline.
  • Penalties and Compliance
  • For contravention of the provisions of the Act, the employer may be liable to pay a fine which may extend up to ₹1,00,000.
  • In case of a continuing offence, an additional fine may be imposed on a daily basis, as prescribed under the Act.
  • Registration is generally granted for a prescribed period and may be renewed as applicable.
  • Non-compliance may lead to inspection action, notices, prosecution and other enforcement measures by the competent authority.
  • In serious cases, non-compliance may also affect eligibility for certain approvals, government tenders, licences or benefits, depending upon the applicable requirement.
  • Compliance Advisory
  • Every establishment should review its employee strength, registration status, statutory records, working hours, leave policy, weekly off, overtime practice and employee documentation to ensure compliance with the Maharashtra Shops and Establishments law.
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Applicability The Act applies to shops and commercial establishments operating in Maharashtra. Establishments employing 10 or more workers are generally required to obtain registration under the Act. Establishments employing less than 10 workers are required to submit an intimation, as applicable under the relevant provisions.
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RULE

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018, have been framed to regulate the working conditions of employees engaged in shops and commercial establishments in the State of Maharashtra.

Key Provisions

  • Key Implementation Guidelines
  • Registration of Establishment
  • Every shop or commercial establishment in Maharashtra is required to obtain registration or submit intimation, as applicable, within the prescribed period from the date of commencement of business.
  • Health, Safety and Welfare Measures
  • Employers are required to maintain proper cleanliness, safe working conditions, drinking water facilities, sanitation, first-aid arrangements, and the display of statutory notices at the workplace.
  • Inspection and Compliance
  • The competent authority or inspector may verify compliance with the provisions of the act and rules. Any violation or non-compliance may attract notices, penalties, or further legal action.
  • Working Hours and Rest Intervals
  • The rules regulate daily and weekly working hours, spread-over, rest intervals, weekly holidays, and overtime conditions for employees.
  • Leave and Paid Holidays
  • Employees are entitled to leave benefits, including annual leave and other paid holidays, as prescribed under the Act and Rules.
  • Working Conditions of Women and Young Persons
  • The Rules also provide safeguards relating to the employment and working conditions of women and young persons, including restrictions and conditions for safe employment.
  • Compliance Advisory
  • Employers should ensure that their establishment registration, statutory records, employee working hours, leave records, overtime details, notices, and workplace welfare facilities are properly maintained and updated as per the Maharashtra Shops and Establishments Act and Rules.
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The rules provide detailed procedures and guidelines relating to registration, renewal, maintenance of records, working hours, overtime, rest intervals, weekly holidays, leave entitlement, welfare measures, inspection, and compliance enforcement.
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AMENDMENT

Amendment the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018

Effective: 22 Jul 2024

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 regulate the working conditions, registration requirements and compliance obligations of shops and commercial establishments in Maharashtra. The amendment to the said Rules aims to further streamline the compliance framework relating to registration, maintenance of records, working hours, leave, overtime, inspection, welfare facilities and other employment-related conditions applicable to shops and commercial establishments. The Rules are intended to ensure that employers maintain proper statutory records, follow prescribed working conditions, provide necessary welfare facilities and comply with the directions issued by the competent authorities from time to time. Employers are advised to review their registration status, employee records, working hour practices, leave and overtime records, statutory notices and internal compliance processes to ensure alignment with the amended Rules. This amendment is relevant for all shops, commercial establishments and employers operating in Maharashtra and covered under the Maharashtra Shops and Establishments law.

Key Provisions

  • Registration / Intimation Compliance
  • Maintenance of Statutory Records
  • Working Hours and Rest Intervals
  • Overtime Compliance
  • Leave and Paid Holidays
  • Health, Safety and Welfare Measures
  • Display of Notices
  • Employment of Women and Young Persons
  • Inspection and Enforcement
  • Penalties for Non-Compliance
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Impact of New Labour Codes on Maharashtra

  • The 4 new labour codes (Wages, Industrial Relations, Social Security, OSH) will subsume most existing state-level labour legislation once notified.
  • Until the new codes are notified in Maharashtra, the existing acts and rules listed above remain in force.
  • States may draft their own rules under the new codes, which may differ from the central rules in certain aspects.