LEGAL UPDATES

STATUTORY UPDATES

Women employees in Haryana can now work during night shifts

The Punjab Shops and Commercial Establishments Act, 1958 ("S & E Act") prohibits the employment of women at night shifts. Recently, the Government of Haryana, through a notification dated June 7, 2022, has laid down certain conditions for employers who have women employees during night shifts (i.e., between 07:00 PM and 6:00 AM).

IT and ITes establishments, banking establishments, three-star (or above) hotels, 100% export-oriented establishments, and logistics and warehousing establishments, registered under the S & E Act can apply for the exemption to employ women at night shifts. An employer must apply to the prescribed authority for exemption at least 1 month prior to the commencement of the period for which such exemption is sought. If granted, the exemption would be valid for a year. The conditions are as follows:

  1. Compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Posh Act"). Employer must take all appropriate steps to prevent instances of sexual harassment at the workplace. Additionally, the employer is also required to submit a copy of the annual return (required to be filed under Posh Act) to the Labour Commissioner of Haryana.
  2. Allow women employees to raise issues of sexual harassment during meetings, other fora or through a complaint box.
  3. Declaration must be obtained from each woman employee wherein they consent to work during night shifts. A copy of such declaration should be shared with the Labour Commissioner, Haryana.
  4. Ensure that women employees are employed in a batch not less than 10 in number and the total strength of women employees employed in the night shift is not less than 2/3rd of the total strength. At least 1/3rd of the supervisors shall be women.
  5. Provide sufficient women security during the night shift at the entry as well as exit point.
  6. Provide sufficient number of work sheds for the women employees to arrive in advance and also leave after the working hours.
  7. If the number of female employees is more than 50, separate canteen facility should be provided for them.
  8. Provide transport facilities, fitted with CCTV cameras and with a female security guard, to the women workers from their residence and back (and vice versa). The employer must ensure that a boarding register or a digitally signed computerized record is maintained. This must consist of the date, name of the model and manufacturing of the vehicle, the vehicle registration number, name, address and contact number of the driver, time of pickup of the women employees from the establishment destination.
  9. Ensure that there is at least 12 hours of gap between the last shift and the night shift, whenever a woman worker's shift is changed (from day shift to night shift or from night shift to day shift).
  10. The female workers who work at night shifts and regular shifts, through their representatives, should have a monthly meeting with the employer once in 8 weeks.
  11. The employer should send a half yearly report to the Labour Commissioner Haryana about the details of employees engaged during the night shift. The employer is also required to send a report immediately, whenever there is some untoward incident, to the Labour Commissioner and to the local Police Station.

Work from home guidelines for SEZ units

The Ministry of Commerce and Industry, through a notification dated July 14, 2022, issued the Special Economic Zones (Third Amendment) Rules, 2022 ("SEZ Rules") introducing a new rule on work from home arrangements for employees working in SEZ units. Please refer to our detailed analysis of the amendment available at https:// induslaw.com/publications/pdf/alerts-2022/Infolex-News-Alert-SEZ-Amendment-Rules.pdf

Work from home permission for SEZ units in Noida

The Deputy Development Commissioner, Noida SEZ, through a circular dated July 19, 2022, introduced a new procedure for obtaining permission for SEZ units seeking to provide work from home facilities to their employees. The circular gives effect to the newly introduced Rule 43A of the SEZ Rules and requires SEZ units to submit fresh applications for work from home through an email at least 15 days in advance specifying particulars such as the date of permission, the total number of employees, number of employees for whom work from home is being sought and the duration for which permission is sought.

Additionally, an excel sheet containing the respective employees' particulars such as their name, designation, SEZ ID Card number, expiry date of the SEZ ID Card and duration for which permission for work from home is required (where it is different from the general duration) must also be attached. The application for permission must be submitted within 90 days from the date of commencement of the SEZ Rules i.e., July 14, 2022.

Government of Andhra Pradesh releases draft amendment to Maternity Benefit Rules

The Government of Andhra Pradesh vide a notification dated July 19, 2022, has released the draft amendments to the Andhra Pradesh Maternity Benefits Rules, 1966 ("Amendment Rules") for public comments and suggestions: Few of the key amendments in the draft notification are as follows:

  1. The number of nursing breaks available to women employees who have recently delivered a child is set to increase from 2 to 4.
  2. The Amendment Rules provide for the establishment of a creche facility by every organization having 50 or more employees. The Amendment Rules also specify other details pertaining to the creche facility (such as distance from the establishment, infrastructure of the creche, equipment to be made available at the creche).
  3. The details of the creche facility should be specified in the appointment letter to be issued to female employees at the time of joining.
  4. A woman employee entitled to maternity benefit should submit an application to her employer in Form Q to request the employer to allow her to work from home during her pregnancy period.
  5. Notice to the employer should be given in Form P to enable commissioning mothers and adopting mothers to claim maternity benefit.

Shops and commercial establishments in Punjab to remain open on all days of the year

The Government of Punjab, through a notification dated June 8, 2022, has permitted all shops and commercial establishments, for a period of 1 year up to May 31, 2023, to remain open on all days of the year subject to the following terms and conditions:

  1. Every employee in the establishment should be given 1 paid holiday in a week. The holiday list should also be displayed on the notice board of the organization.
  2. Every employee should be given a rest period of 1 hour after every 5 hours of continuous work.
  3. No employee should be required to work more than 9 hours a day and 48 hours a week.
  4. If the establishment remains open after 10PM on any day, adequate safety and security arrangements has to be ensured for employees and visitors.
  5. As establishments are being given permission to open for all days and new staff members should be appointed for the extended timing.
  6. Female employees have to be provided with separate locker, security and rest rooms at the workplace.
  7. Every employer must constitute an internal complaints committee under the Posh Act.
  8. Female employees will not be allowed to work beyond 8PM. If allowed, their consent and adequate safety measures to be implemented.
  9. The Prevention of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 must be implemented at the establishment.
  10. Employees should be provided with all necessary facilities as mandated under applicable laws.
  11. Consent letters should be taken from all employees and records of it have to be duly maintained.
  12. The spread over of an employee cannot exceed 11 hours a day.
  13. Employees should be given national and festival holidays with wages.
  14. Wages including overtime wages must be credited to the savings bank account of employees.

The above exemption would be cancelled (subject to due process) if an employer fails to comply with the abovementioned conditions.

EPFO issues clarification on the status of student-trainees

The Employees' Provident Fund Organization (EPFO), through a circular dated July 27, 2022, has provided clarifications/guidelines with respect to the status of student-trainees under any of the government schemes

  1. The educational/technical institute/university and the academic course in which a student-trainee is enrolled shall be recognized by the competent authority.
  2. 'On-the-job-training' is an integral part of such course
  3. 'On-the-job-training' cannot exceed the period prescribed under such course.
  4. In case a student-trainee does not complete the training within the specified time including the period of extension (if any), she/he will cease to be a student-trainee.
  5. The industry has to engage student-trainees who are pursuing the course which are relevant to the industry.
  6. The number of student-trainees that may be engaged by a branch/factory of an establishment cannot exceed the percentage notified in a scheme or a similar scheme of the Central/State Government.
  7. Engagement of a student-trainee cannot be for any purpose other than the purpose specified under the course/scheme.
  8. Employers are required to declare the details of such student-trainees in the Electronic-challan-cum-returns (ECR) or furnish such details on a monthly basis as may be directed by the Commissioner.

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