Labour welfare and skill development department of the Government of Tamil Nadu has recently issued a notification under the Tamil Nadu Shops and Establishments Act, 1947, extending the permission for all shops and establishments to operate 24×7 on all days of the year. This extension, valid for another three years, aims to enhance operational flexibility while ensuring the welfare and rights of employees are upheld. The notification, effective from June 5, 2025, outlines several key provisions to maintain a balance between commercial activity and labour welfare.
Ensuring Employee Welfare Amid Extended Operations
The notification mandates that every employee must be granted one day off per week on a rotational basis. Employers are required to provide detailed records of these holidays in 'Form S' and display them prominently within the establishment. Additionally, employers must exhibit daily updates of employees on holiday or leave in a conspicuous location. This measure ensures transparency and accountability in managing employee schedules.
Financial Protections for Employees
To safeguard the financial interests of employees, the notification stipulates that wages, including overtime pay, must be credited directly to their savings bank accounts. This provision ensures timely and accurate payment, reducing the risk of wage disputes and financial exploitation.
Regulating Working Hours
The notification sets clear limits on working hours to prevent employee exploitation. No employee shall work more than eight hours a day or forty-eight hours a week. Overtime work is permitted but must not exceed ten and a half hours a day or fifty-seven hours a week. Employers who fail to comply with these regulations will face penal action under the Tamil Nadu Shops and Establishments Act, 1947.
Special Provisions for Women Employees
The notification includes specific protections for women employees. Generally, women are not required to work beyond 8:00 P.M. However, with written consent and adequate safety measures in place, they may work between 8:00 P.M. and 6:00 A.M. Employers must also provide transportation for women working in shifts, with a notice displayed at the main entrance indicating the availability of such transport.
Basic Amenities and Safety Measures
To ensure a safe and comfortable working environment, the notification mandates that employers provide basic amenities such as restrooms, washrooms, and safety lockers. Additionally, employers with women employees must establish an Internal Complaints Committee to address sexual harassment issues under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Implementation and Compliance
These terms and conditions are to be implemented in addition to existing provisions under the Tamil Nadu Shops and Establishments Act, 1947, and the Tamil Nadu Shops and Establishments Rules, 1948. Inspectors will monitor compliance, and any violations will result in penal action against the employer or manager.
Conclusion
The recent notification by the Tamil Nadu government reflects a balanced approach to allowing extended operating hours for shops and establishments while safeguarding the rights and welfare of employees. By implementing these provisions, the Tamil Nadu government aims to promote economic activity without compromising labour standards.
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