Annotation on Gujarat Shops and Establishments

(Regulation of Employment and Condition of Service) Rules, 2020

- Dated 2nd July 2020

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 ∗ SHORT TITLE
• These rules may be called the Gujarat Shops atd Establishmetts (Regulatiot of Employmett &
Cotditiot of Service) Rules, 2020.
∗ IMPORTANT DEFINITION
• As per rule 2(e) “Matagerial Futctiot” means all such functions which are inherently supervisory
in nature and are bestowed with powers and authority to take all policy and administrative deci-
sions in an organization e.g. power to sanction leave, award increment, take disciplinary action, to
terminate, suspend or dismiss a worker or indulge in policy making decision regarding any aspect
of the business or services conditions of workers and such other similar powers.
∗ PROVISION RELATED TO REGISTRATION OF THE ESTABLISHMENT

Rule Form Eligibility Provision Law and Annotation

strength
• The Employer shall submit application in Form A

for registration of Establishment along with re-

quired documents as specified in PART-A of the
Schedule.

In case of Application of reg- **Provided that Application may be submitted

10 or istration of Estab- online where online access is available.

3 A and B more lishment and issue • If an application submitted is complete in all re-

workers registration certifi- spect, the inspector shall either digitally or other-

employed cate wise issue the certificate of registration in Form B

within 1 day

• If an application submitted is incomplete, the in-

spector may reject by mentioning the reason
thereof within above specified time limit.
• The Employer shall submit intimation in Form D

upon commencement of the business along with

In case of Intimation of Com- required documents as specified in PART-B of the

D, E less than mencement of Schedule.

6
and F 10 workers Business and its • Intimation receipts shall be issued online or other-

employed receipt wise as the case may be in Form E after receiving

application and details thereof are recorded in
register maintained in Form F.

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 Rule Form Eligibility Provision Law and Annotation
strength
• Any changes in certificate of registration shall be
Notice to make
made through an application in Form G within 30
9 G - changes in certifi-
days from changes along with required documents
cate (Form B)
as specified in PART-C of the Schedule.

In case of
10 or • Every employer, on closing business permanently,

10 (1) H more shall inform the same within 30 days from the

workers date of such closing to the inspector in Form H

employed Closing of Business

In case of
• Every employer, on closing business permanently,
less than
10 (2) I shall inform the same within 30 days from the
10 work-
date of such closing to the inspector in Form I.
ers

∗ PROVISION RELATED TO EMPLOYMENT CONDITION, HEALTH AND SAFETY, EMPLOY-

EES PELFARE AND ITS DOCUMENTATION

Rules Forms Provisions Law and Annotations

Employment of • Women employee shall be allowed to work between 9.00 PM to

11 J women in night 6.00 AM after obtaining consent in Form J subject to conditions

shift as may be specified in the order of the Inspector

• Every employer shall display at conspicuous place on a notice

Notice of weekly
board and on website showing the day of rest
12 K holiday in each
• The Copy of the same shall be sent to inspector electronically or
shift
otherwise

• Work shall not be carried out by means of a system of shifts so

Prohibition of
13 - arranged that more than 1 relay of workers is engaged in work
overlapping shift
of the same kind at the same time.

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 Rule Form Provision Law and Annotation

• In case of establishment working more than one shift, shift

schedule shall be displayed in advance, showing name and desig-

nation of all person working in that shift

• Form L shall be displayed on notice board and kept in every es-

List of person en-
14 L tablishment and made available for inspection to the inspector
gaged in a shift
on demand

• Not less than 12 consecutive hours of rest or gap shall be kept

between the last shift and night shift on change of any worker
shift timing.

• The employer may engage employee on part-time basis

Part-time Em-
15 -
ployment Provided that he shall be not allowed to work more than 5 hours
in a day

• Every employer shall provide ID card to each worker as specified

16 M Identity Card
in Form M

• Leave Book shall be provide to each worker in Form N

• One copy shall be retained by employer

• All leave entry shall be noted in the book

17 N Leave Book
• Employer can maintain leave book electronically

• If it is lost by worker, employer or manager shall provide dupli-

cate copy

• The Employer or manager shall issue notice up to 31st Jan of

each calendar year

Notice by Em-
• It shall be displayed in Form O
ployer or Man-
18 O • It shall mention all workers whose leaves are carried forward and
ager of Accumu-
reached up to maximum limit and no further leaves are carried
lated Leave
forward & available

• A copy shall be given to all concerned workers

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 Rules Form Provisions Law and Annotation

Cleanliness, Light- • Premises shall be kept clean and free form infection and have
19 - ing and Ventila- proper ventilation and lighting
tion • No rubbish, filth or debris should remain in surrounding
• Take all measures to protect from danger of fire

• Adopt and implement measures suggested by fire protection de-

Precautions
20 - partment of the local authority of fire brigade of local area
against Fire
• It shall be duty to follow all the norms and guidelines against fire

issue by local authority

• Every employer either individually or group of employer shall

provide a common, neat and clean urinal and latrines facility with
anti-bacterial liquid soap for men and women in sufficient num-
Latrines and Uri-
21 - bers
nals
• Well Ventilation, Lighting and Exhaust fan should kept for use of

women worker

• Ensure proper supply of water and flushing of waste.

• Crèche shall be conveniently accessible to all mothers of the chil-

dren accommodated

• It shall not be situated in close proximity where excessively noisy

processes are carried out

• Provide adequate ventilation for circulation of fresh air

Crèche Facility • It shall be 1 suitable cot or cradle with bedding for each child up

to 2 years of age
(In Case of 30 or
23 - • Adequate seating accommodation shall be provided to mother
more women
while feeding to her child
workers em-
ployed) • Suitable toys shall be provided for the older children

• Make arrangement of suitable wash room with proper lighted

water, baby soap and clean towels and floor effectively drained,
clean and tidy condition

• Appoint women in charge and adequate number of female atten-

dants to help women in charge and provide them clean clothes

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 Rules Form Provisions Law and Annotation

First-Aid Appli- • Every employer shall maintained duly equipped first aid box with
24 -
ances list of medicines suggested under the Rule

• Every employer shall provide and maintain a canteen with follow-

ing condition:-

◊ All doors and windows have fire proof construction

◊ Make arrangement of adequate ventilation and lighted, clean

Canteens
and sanitary condition
25 - (If having 100 or
◊ Suitable arrangement for collection and disposal of garbage
more workers)
◊ Provide sufficient chairs or benches, tables and stools, utensils

and any other equipment for running canteen

◊ Display price chart for all food items served in canteen at con-

spicuous place

• Maintain a “Muster-Roll cum Pages Register” in Form P unless

it is maintained in Wages register in Form B and Muster in Form

D as per Schedule to the “Ease of Compliance to maintain Regis-
ter“ under various Labour Laws (Gujarat) Rules, 2017

• Every entry shall be authenticated by employer or person author-

ized in writing
Maintenance of
26 D Registers and Re- • All registers and records to be maintained in Gujarati or in English

cords Language

• Preserve the inspection records for next 5 years and produce

whenever demanded by inspector

• Any place i.e. office, store-room, godown, warehouse or work

place used in connection with trade, separate payroll documents

to be maintained for that location

• Every employer shall submit annual return in Form Q to the in-

27 Q Annual Return spector within 1 month after completion of calendar year ending
31st December

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 Rule Form Provision Law and Annotation

Intimation of per-
• Every employer shall inform in Form S with person name and
son discharging
32 S designation and brief nature of duties that discharging manage-
Managerial func-
rial function
tion

Intimation of per- • Every employer shall inform in Form T with person name occupying
son discharging position of confidential character
33 T
Confidential Char-
Provided that, number of such types of person shall not exceed 1 % of
acter
total strength of workers subject to maximum 50 person

• Name board shall be preferably in Gujarati language

Name of Board to
34 -
be in Gujarati Provided that, the employer may also have name board in any other
language in addition to Gujarati

∗ LIST OF PRO FORMA

Form As per rule Particular

A 3 Application form registration

B 5 Registration Certificate

C 5 Register of Establishment

D 6 Format for intimation

E 7 Intimation Receipts

Register of Establishment who have given intimation

F 7
(For Establishment engaging less than 10 workers)

G 9 Notice for change in registration certificate

H 10 (1) Intimation of closing of business

Intimation of closing of business

I 10 (2)
(For Establishment engaging less than 10 workers)

J 11 Consent of women worker to work in night shift

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 Form As per rule Law and Annotation

K 12 Notice of weekly holiday

L 14 List of works engaged in shift

M 16 Identity Card

N 17 Leave book

O 18 Notice of maximum leave accumulated

Q 27 Annual return

P 26 Muster roll cum wage register

R 30 Application of compounding of offence by an employer

S 32 Details of persons discharging managerial functions

T 33 Details of person occupying position of confidential character

For further information please contact:

RSM Astute Consultech Pvt. Ltd.

RSM Lemon House, G-02 - 05, Gem and Jewellery Park,
Gujarat Hira Bourse, Ichhapore-2, Surat-394510
Tel.: +91 90992 08000, +91 0261-2299636
Peb: www.rsm.global/india
E. gujarat@rsmindia.in
Disclaimer and Limitations
This newsflash is general in nature. In this newsflash, we have summarized and provided Important provisions
relating to The Gujarat Shops & Establishment (RE&CS) Rule, 2020 Notified by Government of Gujarat. It may be
noted that nothing contained in this newsflash should be regarded as our opinion and facts of each case will need
to be analyzed to ascertain applicability or otherwise of the said notification and appropriate professional advice
should be sought for applicability of legal provisions based on specific facts. We are not responsible for any liabil-
ity arising from any statements or errors contained in this newsflash.

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