The NDA Government has framed a new model law that will
allow cinema halls, restaurants, shops, banks and other such workplaces
to be open 24/7. The law will also enable women to work during the night
in such offices with mandatory cab services and other workplace
facilities for them.
The NDA Government has sent a draft
Cabinet note on Model Shops and Establishments (Regulation of Employment
and Conditions of Services) Act, 2015 for inviting comments from
various Ministries and government departments
This will act as an
advisory to the State governments which will have the option to either
adopt this model law or make changes to it according to local needs.
“All shops and establishments not covered under the Factories Act, such as malls, cinema halls or an information technology firm, may be open 24X7 and allowed to work 365 days in a year. We will issue an advisory to the States, which will not require approval from Parliament, and it is up to them to take it up or make changes,” Union Labour Secretary Shankar Aggarwal told
At present, States have their own rules related to shops
and establishments which cover physical shops or workplaces regardless
of the size of the unit. The law lays down statutory obligations and
rights of employers and employees.
For the first
time, godowns, warehouses or workplace related to packaging activities
are proposed to be covered under the law. This will bring many
e-commerce companies under the labour law rulebooks as many of these
companies face problems while operating godowns in various States
The draft model law has laid down several provisions for
workers in such establishments. It said women would be permitted to
work during night shift and there would be “no discrimination against
women in the matter of recruitment, training, transfer or promotion.”
Facilities such as cab services, night crèches and ladies toilet should
be compulsorily provided by employers in case women are working on the
night shift.
A worker will get 12 days mandatory
casual-cum-sick leave throughout the year. This apart, five paid
holidays for festivals will be a must, according to another proposal. A
worker can work nine hours a day with a mandatory break of 30 minutes.
Instead of factory inspectors, there will be facilitators who will
provide information and advice to employers and workers related to the
law and inspect the establishment.
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