Shops and Establishments in Tamil Nadu to remain open for 24 hours, round the year
The Government of Tamil Nadu (“Government”) has come out with a notification dated June 5, 2019 (“Notification”) to bring into effect the relevant government order dated May 28 2019 (“GO”) exempting all shops and establishments having 10 (ten) or more employees from complying with the section 7(1) and 13(1) (opening and closing hours) of the Tamil Nadu Shops and Establishments Act 1947 (“Act”). The Notification permits such shops and establishments to remain open for 24 (twenty-four) hours, for all days in a year, for a period of 3 (three) years with effect from the date of publication of the Notification.
In view of the Notification, there are few conditions which are entrusted to an employer of all the shops and establishment in Tamil Nadu to meet in order to enjoy the exemption granted which are as follows;
- every employee shall be given one day holiday in a week on a rotational basis and the details of every employee shall be provided in Form- S;
- employees who are on holiday/leave, on a daily basis such details shall be exhibited in a conspicuous place in the establishment;
- wages including the overtime wages shall be credited into the saving account of the employees;
- no employee shall work for more than 8 (eight) hours in a day and 48 (forty-eight) hours in any week and the period of work including overtime shall not exceed 10 ½ (ten and a half) hours in any day and 57 (fifty-seven) hours in a week;
- penal action will be initiated against the employer/manager in accordance with the Act if employees are found working on a holiday or after normal duty hours without proper indent of overtime,
- woman employee is not required to work beyond 8:00 p.m. on any day in normal circumstances. However, the employer upon the written request of the woman employee shall allow her to work between 8:00 pm and 6:00 am subject to providing adequate protection of her dignity, honor, and safety;
- provision of transportation to the woman employee who works in shifts. In this connection, a notice shall be exhibited at the main entrance of the establishment indicating the availability of transport facility;
- adequate facility of the restroom, washroom, safety lockers, and other basic amenities; and
- constitution of the Internal Complaints Committee against sexual harassment of women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.