The Model Shops and Establishment (Regulation of Employment and Condition of Services) Bill 2016 has been cleared by the Cabinet, which help in generating additional employment as shops and establishments will have freedom to operate for longer hours round the year.
The law covers all premises — barring factories — with work related to
printing, banking, insurance; stocks and shares brokerage; theatres and
“any other public amusement” which is currently not covered under the
Factories Act 1948. All such units that employ 10 or more workers will
come under this Act. For the first time, workers’ right will be
protected for those working in godowns, warehouses or workplace related
to packaging activities. This will bring e-commerce companies under the
labour law rulebooks. However, the implementation of the approved Model
Shops and Establishments (Regulation of Employment and Conditions of
Services) Bill, 2016 will depend on States, as it only acts as an
advisory to the State governments, which will have the option to adopt
this or make changes to it according to their needs.
The model bill has provision for five paid holidays for festivals
besides national holidays. Also, “highly skilled workers” in the
information technology sector or bio-technology are proposed to be
exempted from daily working hours of nine hours and weekly working hours
of 48 hours.
Protection for women
“Women to be permitted during night shift, if the provision of shelter,
rest room, ladies toilet, adequate protection of their dignity and
transportation etc exists,” Labour and Employment Ministry said in a
statement.
The law also provides exemption to highly-skilled workers like those in
IT and bio-technology from daily working hours (9 hours) and weekly
working hours (48 hours).
Here are 5 quick points you should know:
1. Who Comes Under Its Purview:
All public amusement establishments such as shopping malls, restaurants and local markets, which are not covered under the Factories Act 1948. These establishments must employ at least 10 or more employees to be able to come under the Act.
All public amusement establishments such as shopping malls, restaurants and local markets, which are not covered under the Factories Act 1948. These establishments must employ at least 10 or more employees to be able to come under the Act.
2. Act Not Applicable To Who
Government offices such as banks including the Reserve Bank of India, insurance companies and factories that are covered under the Factories Act 1948 will not be covered under the legislation.
Government offices such as banks including the Reserve Bank of India, insurance companies and factories that are covered under the Factories Act 1948 will not be covered under the legislation.
3. Who Will It Benefit
The Act aimed at increasing the ease of doing business could be a game-changer for retailers as competition will increase between online and offline players. The implementation of this Act will also generate high employment opportunities for both men and women.
The Act aimed at increasing the ease of doing business could be a game-changer for retailers as competition will increase between online and offline players. The implementation of this Act will also generate high employment opportunities for both men and women.
4. Women Can Now Work 24/7
Women will now be permitted to render services in 24/7 establishments. Companies will be mandated to facilitate women with safe transportation services and other related facilities such as creches during night schedules.
Women will now be permitted to render services in 24/7 establishments. Companies will be mandated to facilitate women with safe transportation services and other related facilities such as creches during night schedules.
5. Can It Be Opposed
The implementation of this Act is expected to be issued as an advisory to states. A consensus with trade unions, who have been calling this Act biased towards multinational companies, will not need to be arrived.
The implementation of this Act is expected to be issued as an advisory to states. A consensus with trade unions, who have been calling this Act biased towards multinational companies, will not need to be arrived.
News Credits: Here
Shared by Sanjaya Kumar, Thejo Engineering Limited, Sr. Manager HR
