Soon, Shops and Establishments in Tamil Nadu will be allowed to remain open for 24/7 on all days of the year; Women can be engaged in night shifts subject to employer providing adequate safety protection
In line with the Model Bill on Shops and Establishments, the Governor of Tamil Nadu has recently issued a notification proposing to exempt shops and establishments having 10 or more persons from complying with sections 7(1)* and 13(1)** of the Tamil Nadu Shops and Establishment Act, 1947.
As per the notification shops and establishments will be permitted to remain open for 24 hours throughout the week, for all days of the year, subject to fulfilment of below mentioned conditions.
This notification is yet to be issued in the Official Gazette. The validity of this notification is three years, from the date of issuance in the Official Gazette.
Conditions to be followed to keep a shop or establishment employing 10 or more persons open 24 by 7 on all days of the year:
- Provision for Holiday
- Employees must be given one day holiday in a week on rotation basis.
- Collect the details of every employee in Form S and display the same in a conspicuous place in the establishment.
- Display on a daily basis, details of employees on holiday / leave.
- Provision for Wages
- Credit wages (including overtime wages) of the employee to their savings bank account.
- Provision for Working Hours
- Do not allow any employee to work for more than 8 hours in a day and 48 hours in a week. The total period of work including over time cannot exceed more than 10.5 hours a day and 57 hours in a week.
- Penal action will be initiated against employer/managers if employees are found working on any holiday or after normal duty hours without proper indent of overtime.
- Provision for safety and protection to women
- In normal circumstances women employee should not be required to work beyond 8 PM. However, written consent of women employees need to be obtained before engaging them between 8 PM and to 6 AM, subject to providing adequate protection of her dignity, honour and safety.
- Provide transport facilities for women employees working in shifts and notice of the arrangement must be displayed at the main entrance.
- Constitute an Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and ensure that the same is operative.
- Provision of Other facilities
- Provide restrooms, washrooms, safety lockers and other basic facilities to all employees.
*7. Opening and closing hours of shops-
(1) Save as provided by order or under other enactment for the time being in force, no shop shall on any date be opened earlier or closed later than such hours as may be fixed by the (State) Government, by a general or special order in that behalf: Provided that any customer who was being served or was waiting to be served in any shop at the hour fixed for its closing may be served during the quarter of an hour immediately following such hour.
**13. Opening and closing hours:
(1) Save as provided by or under any other enactment for the time being in force ,no establishment shall be opened earlier or closed later than such hour as may be fixed by the Government, by general or special order in that behalf: Provided that in the case of a restaurant or eating house, any customer who was being served or was waiting to be served therein at the hour fixed for the closing may be served during the quarter of an hour immediately following such hour.
Source: Labour and Employment Department, Tamil Nadu