Lok Sabha Question No. 3211 (UNSTARRED), answered on 2018-08-06
Subject: Model Shops and Establishments Act
Ministry: LABOUR AND EMPLOYMENT
Asked by: T. RADHAKRISHNAN, VIJAY KUMAR S.R., S. RAJENDRAN, BIDYUT BARAN MAHATO, SUDHEER GUPTA, GAJANAN CHANDRAKANT KIRTIKAR, ASHOK SHANKARRAO CHAVAN, KUNWAR HARIBANSH SINGH

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 3211 TO BE ANSWERED ON 06.08.2018

## MODEL SHOPS AND ESTABLISHMENTS ACT

## 3211. SHRI T. RADHAKRISHNAN:

SHRI S.R. VIJAYAKUMAR:

SHRI S. RAJENDRAN:

SHRI BIDYUT BARAN MAHATO:

SHRI SUDHEER GUPTA:

SHRI GAJANAN KIRTIKAR:

SHRI ASHOK SHANKARRAO CHAVAN:

KUNWAR HARIBANSH SINGH:

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

- (a)the details and the salient features of Model Shops and Establishments (Regulation of Employment and Condition of Services) Act, 2016;
- (b)whether the Government has permitted 24 hours working for Malls, Restaurants and other such workplaces in the country and if so, the details thereof;
- (c)whether adequate steps/necessary precautions have been taken by the  Government  not  to  harass  workers  to  work  beyond  normal working hours and if so, the details thereof;
- (d)whether the Government  is aware  of the various challenges especially safety and security of workers including women working in the night shifts likely to crop up as a result of the said proposal; and
- (e)if so, the details thereof along with the remedial steps taken/proposed to be taken by the Government in this regard?

## ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a): The  salient  features  of  the  Model  Shops  and  Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 are:

- (i)   The Model Bill applies to shops and establishments employing ten or  more  workers  except  manufacturing,  (ii)  freedom  to  operate  365 days in a year and opening/closing of establishments, (iii) women to be permitted  during  night  shift,  if  the  provisions  of  shelter,  rest  room, ladies  toilet,  adequate  protection  of  their  dignity  and  transportation etc.  exist,  (iv)  no  discrimination  against  women  in  the  matter  of recruitment,  training,  transfer  or  promotions,  (v)  online  one  common Registration through a simplified procedure, (vi) power to appropriate 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,  first  aid,  lavatory,  crèche  and  canteen  by  group  of establishments, in case it is not possible due to constraint in space or otherwise by individual establishments, (vii) five paid festival holidays in addition to national holidays etc.

(b):      A  shop  or  an  establishment  may  work  on  all  days  in  a  week subject  to  the  conditions  that  every  worker  shall  be  allowed  weekly holiday of at least twenty four consecutive hours of rest.  If workers is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months and if the workers is required to work on a day  of  rest,  he  shall  be  entitled  to  wages  at  the  rate  of  twice  his ordinary rate of wages.

- (c):  No Adult workers shall be required or allowed to work in a shop or establishment for more than 48 hours in any week and nine hours in a day and no worker shall be asked to work continuously for more than 5 hours unless he has been given a break of not less than half an hour. Sufficient  penalty  provisions  have  been  made  in  the  Bill  for  noncompliance of these provisions.
- (d) & (e):   No women shall be required or allowed to work in a shop or establishment for more than 48 hours in any week and except between hours of 6 A.M. and 9 P.M.   Women workers to be permitted to work during  night  shift  if  the  State  Government  is  satisfied  that  adequate provisions of shelter, rest room, ladies toilet, night crèche, adequate protection of their  dignity,  honour and  safety  and  transportation  etc. exist.

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