Gujarat Government Notifies new Shops and Establishments Rules, 2020

The Labour and Employment Department of Gujarat, vide a notification dated 23rd June 2020 has published the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020. The Government of Gujarat repealed the Gujarat Shops and Establishments Act, 1948 by the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (new Act). By this current Notification, the complementary Rules for the new Act is published. Some of the provisions contained in the Rule are-

  1. Registration- every establishment employing 10 or more workers shall make application for registration of the establishment in Form A either online or offline. Again, employer of business employing less than 10 employees are require submitting only an intimation of commencement of business in Form D. The Rule also prescribes for the procedures for cancellation of registration; closing and change in registration certificate.
  2. Registration fee- The registration for shops and establishments shall be Rs.500. For restaurants and eating houses, the prescribed fee is Rs.1000. For residential hotel fee is Rs.2500 and for theatres / place of entertainment the prescribed fee is Rs.5000.
  3.  Employment of woman in night shift- Night shift of woman worker between 9 pm-6am are permitted after obtaining permission of the woman worker in Form J subject to the condition specified by Inspector.
  4. Weekly holiday- Employer shall display the weekly holiday of worker in Form K  in the establishment premise and website.
  5. List of Shift employment- If the establishment operating in more than 1 shifts, the employer shall display in Form L in advance the shift schedule showing the name and designation of the person working in the shift.
  6.  Notice of accumulated leave- the employer shall display in Form O within 1st quarter of each calendar year the names of the workers whole leave has been carried forward and reached the maximum limit allowed. The notice shall state that no further leave can be carried forward. Copy of such notice to b given to the concerned worker also.
  7. Creche- The creche shall be conveniently accessible to the mothers of the children. The rule also prescribes the accommodation details to be followed in creche.
  8. First Aid Box- Every employer shall maintain a duly equipped first aid box in the establishment. The Rule prescribes the list of first aid appliances to be present in the First Aid Box.
  9. Canteen- Establishment with 100 or more worker shall have a canteen. The rule also prescribes conditions of the canteen.
  10. Maintenance of registers and records- Every employer shall maintain a muster roll cum wage register in Form P, and the registers and records to be preserved for 5 years. However, this is not required if the employer maintains Form D under the Ease of Compliance to Maintain Registers Under Various Labour Laws (Gujarat) Rules, 2017.
  11. Annual Return- Annual return to be submitted to the Inspector online or offline in Form Q within 31st January every year.
  12. Name Board- The name board of the establishment shall preferably be in Gujarati Language.

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