Maharashtra Shops and Establishment Act and Statutory Compliance

Introduction:

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 came into effect December 20, 2017. The 2017 Act replaces the Maharashtra Shops and Establishment Act of 1948.

The Act appoints facilitators to enforce its provisions. Facilitators will inspect the premises of registered establishments, review documents, and advice establishments towards complying with the norms. Any establishment that deviates from the standards and norms specified under the Shops and Establishment Act will be liable to a fine of Rs 100,000.

Course Contents:

With Latest Amendments:

1. The Maharashtra Shops & Establishment Act, 1948 (with Latest Amendments)
2. The Payment of Bonus Act 1948.
3. The Payment of Gratuity Act, 1972.
4. The Employee’s Compensation Act, 1923.
5. The Maternity Benefit Act, 1961.
6. The Maharashtra State Profession Tax Act, 1975.
7. The Maharashtra Labour Welfare Fund Act, 1953.

The programme will cover the following aspects for above acts:

• Recent / Latest Amendments
• Coverage & applicability
• Important highlights
• Compliance aspects
• Care to be taken by the employer to avoid penal consequences
• Important judicial pronouncements
• Practical issues in day to day compliance.

Key Points: –

1. If number of employees are less than 10 whether under amended Maharashtra Shops & Establishment Registration Certificate is require?
2. For maximum how may years under amended Maharashtra Shops & Establishment Registration Certificate can be obtained?
3. Maximum working hours of Overtime in Quarter under amended Maharashtra Shops & Establishment Act can be done?
4. Whether Casual Leave is compulsory under amended Maharashtra Shops & Establishment Act? If yes, then how many days in a year?
5. How to calculate privilege leave under amended Maharashtra Shops & Establishment Act?
6. How many days Privilege Leave can be accumulated under amended Maharashtra Shops & Establishment Act?
7. How many National & Festival Holidays applicable under amended Maharashtra Shops & Establishment Act are compulsory?
8. What is the Penalty for non-compliance & non-production of records to Inspector under amended Maharashtra Shops & Establishment Act?
9. Whether Female Employee are allowed to work after 9:30pm to 7:00am? if yes, the what are the condition applied?
10. Whether Annual Return to be filed under amended Maharashtra Shops & Establishment Act?
11. Minimum number of attendance required for eligibility of bonus.
12. Calculation and Forfeiture of Gratuity and Bonus.
13. Bonus is Payable on Rs. 7,000/- or minimum wages under schedule employment when basic + DA is Rs. 21,000/-
14. Whether monthly Bonus is payable under the Bonus Act? If yes then how?
15. What is salary / wages (Basic + D.A) limit and on what amount Bonus is calculated.
16. When Gratuity is applicable and payable.
17. Gratuity is payable on which components of salary?
18. What is the maximum limit under the Gratuity Act, for which Income tax exemption can be claimed?
19. When female employee is entitled for the maternity benefit and when it can be forfeited.
20. Is there limit for ex-gratia payment? Is it compulsory?
21. Whether Employer can pay more amount of Gratuity then prescribed under the Act? If yes under what circumstances?
22. What is recent amendment in Maternity Benefit Act? Whether it is for 12 weeks are 26 weeks?
23. Minimum Number of Days attendance required is required for entitlement of Maternity under Maternity Benefit Act
24. Recent amendments / updates

Target Audience:

• Corporate (Manufacturing, Trading and Service Industry)
• HR Personnel and Pay Roll Processing Personnel
• Admin and Finance Department Personnel
• Traders and Businessmen
• Labour Law Practioners
• Salary Department
• Labour Law Compliance Personnel
• Chartered Accountant, Company Secretary, Cost Accountant,
• Advocates, Chartered Financial Analyst