The Tamil Nadu government has extended by three years permission for all establishments in the State to be open on all 365 days of the year, subject to certain conditions.
A G.O. of the Labour and Employment Department notified on Thursday exempts all establishments from the provision of sub-section (1) of Section 11 of the Tamil Nadu Shops and Establishments Act, 1947.
The notification enforces certain conditions on the establishments.
“Every employee shall be given one day holiday in a week on rotation basis, and the details of every employee shall be provided in ‘Form S’ and shall be exhibited by the employer in a conspicuous place in the establishments,” the order said.
Other conditions include exhibiting the details of employees who are on holiday or leave, on a daily basis, in a conspicuous place in the establishment, crediting wages, including overtime pay into their savings bank account, hours of work for employees capped at eight hours a day and forty eight hours in a week, while over time shall not exceed ten hours on any day and fifty four hours a week.
“If employees are found working on any holiday or after normal duty hours without proper indent of overtime, penal action will be initiated against the employer/manager as laid down in the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) and the Tamil Nadu Shops and Establishments Rules, 1948,” the notification said.
Timings for women
The conditions also stipulate that women employees shall not be required to work beyond 8 p.m. on any day in normal circumstances, and provision of transport for women who work in shifts. “A notice to this effect shall be exhibited at the main entrance of the establishment indicating the availability of transport,” it said.
Apart from providing basic amenities such as rest room, wash room, safety lockers, the G.O. stipulates that “every employer employing women employees shall constitute internal complaints committee against sexual harassment of women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013) and the said committee shall be operative.”
