Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2021

The Government of Manipur, vide notification dated 2^nd November 2023, has released The Manipur Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2021 after getting the assent from the President of India.

Salient features of the enactment are listed below:

• The Act shall apply to Shops and Establishments employing 10 or more employees.
• The Act shall be deemed to have come into force with effect from 29^th June 2021.
• Every employer of a shop or establishment employing ten or more workers shall get his entity registered under this enactment within a period of six months from the date on which his entity comes into existence and obtain a Labour Identification Number. Registration shall be valid for one year, which shall be renewed on a yearly basis.
• State government has the authority to allow shops or establishments to employ women in the night shift after fulfilling all the prescribed conditions on safety, honour and dignity of the women employees.
• No adult worker shall be required or allowed to work in a shop or establishment for more than 48 hours in any week and 9 hours a day. No worker shall be asked to work continuously for more than 5 hours without having a break of not less than half an hour. Spread over shall not exceed ten-and-half hour in a day. (Exemption are given for urgent nature of work with the previous permission of facilitator/inspector).
• Total overtime shall not exceed one hundred and twenty five hours in a quarter.
• Shops and establishments may work on all the days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.
• If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday.
• Every worker shall be entitled to eight days casual leave with wages in every calendar year, which shall be credited to the account of the worker on quarterly basis.
• Every worker who has worked for a period of two hundred and forty days or more during a calendar year shall be allowed during the subsequent year leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
• Every worker shall be allowed to accumulate the earned leave (EL) up to a maximum of 45 days. If the leave applied in prescribed manner has been rejected by the employer, the worker shall have the right to get the leave encashed in excess of 45 days.
• Wages in lieu of earned leaves shall be paid during separation.
• Worker shall be entitled to eight paid festival holidays in a calendar year which shall include three national holidays and five festival holidays.
• In every shop or establishment wherein thirty or more women workers or fifty or more workers are ordinarily employed, there shall be provided and maintained a crèche for the use of children.
• The provisions of Employees’ Compensation Act, 1923 shall apply to every worker (who are not covered under ESI) in shops or establishments.
• The Manipur Shops and Establishments Act, 1972 and The Manipur Shops and Establishment (Regulation of Employment and Conditions of Service) Ordinance, 2021 are hereby repealed.