Lok Sabha Question No. 653 (UNSTARRED), answered on 2017-02-06
Subject: Model Shops and Establishments
Ministry: LABOUR AND EMPLOYMENT
Asked by: PRITAM GOPINATH MUNDE, Shrirang Appa Barne, SHRIKANT EKNATH SHINDE

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 653 TO BE ANSWERED ON 06.02.2017

## MODEL SHOPS AND ESTABLISHMENTS

653. DR. PRITAM GOPINATH MUNDE: SHRI SHRIRANG APPA BARNE: DR. SHRIKANT EKNATH SHINDE:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (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?

## ANSWER

## 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/-

## 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.
- 3.
- Graded punishment
- Irregularities other than safety  related are compoundable

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