The Labour Employment Training & Factories (Labour) Department, Telangana (“Department”) has granted exemption to all Information Technology Enabled Services (“ITES”) and Information Technology Establishments in the State of Telangana from the following provisions of the Telangana Shops and Establishments Act, 1988 for a period of 5 years i.e. till 2023:
- Sections 15 (Opening and Closing hours)
- Section 16 (Daily and Weekly hours of work)
- Section 21 (Employment of young persons before 6am and after 7pm),
- Section 23 (Employment of women before 6am and after 8:30pm) and
- Section 31 (Other holidays)
This notification has gained effect since 30th May, 2018 but was published in the Telangana Gazette on 27th July, 2019.
Background:
Previously, Government had exempted ITES and Information Technology Establishments from operation of Sections 15 (opening and closing hours), 16 (Daily and Weekly hours of work), 21 (Employment of young persons before 6am and after 7pm), 23 (Employment of women before 6am and after 8:30pm) and 31 (other holidays) of the Andhra Pradesh Shops and Establishments Act, 1988 for a period of 5 years starting 30th May 2013, by virtue of notification number G.O.Ms. No. 22, LET&F (Lab-IV). This notification was applicable to the combined state of Andhra Pradesh.
In 2018, the Department upon careful examination of the circumstances reported to it by virtue of Letter bearing number Lr.No.H2/3713/2017 dated 11th September, 26th October and 17th November, had exempted ITES and Information Technology establishments in Telangana from operation of above-mentioned provisions of the Telangana Shops and Establishments Act, 1988 for another 5 years starting 30th May 2018.
This exemption notification has now been published in the Telangana Gazette dated 27th July, 2019.
Therefore, we can deduce that the notification has been given retrospective effect and is applicable with effect from 30th May, 2018.
Key Highlights:
The exemption has been granted to IT/ITES and Information Technology Establishments subject to the following conditions:
(a) Weekly working hours for an employee should be 48 hours. For the work done beyond 48 hours, employee is entitled to overtime wages.
(b) Every employee should be given a weekly off.
(c) The Department has permitted management of ITES and Information Technology Establishment to engage young and women employees during the night shift subject to provision of adequate security during the course of employment and to and fro transport from their respective residences.
(d) Every employee should be provided with an identity card and other welfare measures to which they are eligible as per the rules in force.
(e) Every employee should be given a compensatory holiday with wages in case the employee works on any of the notified holidays.
(f) The companies to whom the exemption is granted, should obtain the bio-data of each driver and conduct pre-employment screening of the antecedents of all the drivers employed either by them or through outsourcing.
(g) The Schedule of pick up and drop will be decided by the supervisory officer of the company, every Monday. In case Monday is a holiday, then the same needs to be decided on the next working day in the week. In case of exigencies, the change of drivers/ routes/ shifts will be allowed only with the prior knowledge of supervisory officers or employees.
(h) The telephone number, particularly the mobile phone numbers of the women employees should not be disclosed to unauthorized persons.
(i) The routes should be selected in a way such that no women employees are picked up first and dropped last.
(j) The company should provide security guards with night shift vehicles along with GPRS facilities.
(k) The designated supervisors of the company should randomly check the vehicles on various routes.
(l) The company should have a control room or a travel desk to monitor vehicle movements.
(m) The exemption granted can be revoked at any point of time, without prior notice.
(n) The time after or before which security should be provided to women employees for cab drop offs and pickups should be specified. The timings have been suggested as before 6 am and after 8 pm.
(o) General exemption from maintenance of various statutory registers in hard copies and recognition of soft copy of Registers as sufficient compliance.
(p) The conditions stipulated above should not be detrimental to the employees working in ITES and Information Technology establishments.
Source: Labour Employment Training & Factories (Labour) Department, Telangana
