Department of Commerce Notifies Work from home Rule for Employees

Department of Commerce (“Department”) had, on the 19^th day of July 2022, issued a notification for the purpose of amending Special Economic Zones Rules, 2006 (“Rules”) by inserting a new rule, namely Rule 43A – Work from Home (“WFH”), details of which are produced as follows:

• The notification provides WFH for the following category of employees of a unit in SEZ:
  • Employees of IT/ITeS SEZ units
  • Employees, who are temporarily incapacitated
  • Employees, who are traveling
  • Employees, who are working offsite;
• As per the notification, WFH may be extended to a maximum of 50% of total employees, including contractual employees of the unit. However, the Development Commissioner (DC) of SEZs has the power to approve a higher number of employees (more than 50%) for any bonafide reason.
• WFH is now allowed for a maximum period of one year. However, the Department has the power to extend this for a period of one year on the request of units. In respect of SEZ units whose employees are already working from home, the notification has provided a transition period of 90 days to seek approval;
• SEZ Units will provide equipment and secured connectivity for the purpose of WFH to an employee;

The complete text of the notification may be viewed at the below link: https://bit.ly/3zwVj7O

Additional Resources:

• Labour Law Advisory
• Delhi Shops and Establishment Act 1954 Labour Department
• Introduction of Employees State Insurance Central Amendment Rules 2022
• News from the Desk of Labour Department NCT of Delhi 2
• News from the Desk of Labour Department NCT of Delhi

Article contributed by Syed Arsalan Ahmed, Associate – Legal, MBG Corporate Services