Punjab Labour Department notifies terms for grant of exemption to shops and establishments in the State from ‘conditions for employment of women’ under the Punjab Shops and Commercial Establishments Act

The Department of Labour in Punjab has formulated a Scheme which allows exemption to shops and establishments in the State from the conditions prescribed for employment of women under *Section 30 of the Punjab Shops and Commercial Establishments Act, 1958. The exemptions under the Scheme will be provided on a case to case basis, upon receipt of application from establishments which fulfil the following terms and conditions:

1. The Establishment must be registered/ renewed under the Punjab Shops and Commercial Establishment Act, 1958;

2. total no. of hours of work of an employee in the establishment must not exceed nine (9) hours on any one day and forty eight (48) hours in a week;

3. spread over (inclusive of interval for rest) in the establishment must not exceed twelve (12) hours on any one day;

4. total number of hours of overtime work must not exceed fifty (50) in any one quarter and the person employed for over time must be paid remuneration at double the rate of normal wages payable to him calculated by the hour;

5. manager of the establishment will be required to abide by the provisions of Sexual Harassment of Women at Work Place (Prevention, prohibition and Redressal) Act. 2013;

6. no employee of any establishment shall knowingly employ a woman. Further, no woman shall engage in employment in the establishment during six weeks following the day of her confinement or
miscarriage;

7. minimum of five women employees is required to be employed in the night shift;

8. The Management is required to ensure that:

• women are protected from Sexual Harassment at work place in terms of the direction of the Hon’ble Supreme Court in the case of Vishaka & Others Vs. State of Rajasthan vide Judgment dated 13-8-1997 (AIR 1997 Supreme Court-3011);

• adequate Security and proper Transport facility is provided to the women workers including women employees of contractors during the evening / night shifts. In case the management is unable to provide transport facilities or security through employees directly recruited by him and proposes to provide through service providers then the Management is required to execute the Security and Transport Facility Contract with an appropriately licensed / registered Security Agency;

• women employees board the vehicle in the presence of security guards on duty;

• Security ln-charge / Management maintains the Boarding Register or computerized record consisting of the Date, Name of the Model & Manufacturer of the Vehicle, Vehicle Registration No., Name of the Driver, Address of the Driver, Phone/Contact No. of the Driver and Time of Pickup of women employees from the residence to establishment and vice versa;

• Attendance Register of the security guard is maintained by the security in-charge/management;

• the transport vehicle in-charge/security in-charge/management maintains a movement register;

• vehicle does not have black or tinted glasses and also ensure that there are no curtains in the vehicle and occupants of vehicle are clearly visible from all sides;

• emergency call nos. are prominently displayed inside the vehicle and that the driver does not pick up any women employee first for work place and does not drop her last at home/her accommodation;

• the driver does not leave the dropping point before the women employee enters into her accommodation;

• there is an annual self defence workshop/training for women employees;

• such other conditions as may be specified in this regard by the Labour Department from time to time.

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*Section 30 – Condition of Employment of women –

• No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night:

Provided that nothing in this sub-section shall apply to an establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.

(2) No employee of any establishment shall knowingly employ a woman and no woman shall engage in employment in any establishment during six weeks following the day of her confinement or miscarriage.

(3) Government may prescribe further conditions in respect of employment of women employed about the business of establishment or any class of them, including if it thinks fit, conditions with respect to the daily period of employment, leave, and other matters and no woman shall be employed otherwise than in accordance with these conditions.

Source: Department of Labour, Punjab