The Government of Karnataka has granted an extension for all Shops and Commercial Establishments employing ten or more individuals to operate 24 hours a day, seven days a week, for an additional 3 years from the notification date of September 27, 2024 subject to certain conditions. Further, the existing conditions have been revised in the following manner-
- Previously, the maximum daily working hours permitted was 9 hours which has now been revised to 8 hours
- Further, the prior requirement for a rest period of one and a half days per week in the establishments where it was already permitted, has been rescinded.
However, the following existing conditions remain unchanged-
- Employers must appoint additional staff to ensure that each employee receives one day off per week on a rotational basis, with employee details displayed prominently in the establishment.
- Details of employees on leave or holiday must be prominently displayed in the shop or commercial establishment.
- Wages, including overtime, must be credited to employees’ savings bank accounts in compliance with the Payments of Wages Act, 1963.
- Employers must not require or permit employees to work more than forty-eight hours in any given week.
- The total working hours, including overtime, must not exceed ten hours in any single day or fifty hours within any continuous three-month period.
- Women employees are prohibited from working beyond 8:00 PM. If working between 8:00 PM and 6:00 AM is necessary, adequate measures to ensure their dignity, honour, and safety must be implemented, along with obtaining written consent.
- Transport arrangements must be provided for women employees working shifts, with notices posted at the main entrance regarding transport availability.
- Employers must provide restroom facilities, washrooms, safety lockers, and other essential amenities for employees.
- An internal complaints committee must be constituted to address incidents of sexual harassment against women, as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013), upon the employment of women.
- The aforementioned conditions must be enforced in conjunction with the provisions outlined in the Karnataka Shops and Establishments Act, 1961, and The Workmen’s Compensation Act, 1923.
Please note that, if employees are found working on holidays or outside of normal duty hours without proper overtime approval, penal action will be taken against the employer or manager as outlined in the Karnataka Shops and Establishments Act, 1961, and the Karnataka Shops and Commercial Establishments Rules, 1963. Further, in the event of any statutory violations or breaches of the aforementioned conditions identified by inspectors or through other means, appropriate penal action will be initiated against the employer or manager in accordance with the Karnataka Shops and Establishments Act, 1961, and the Karnataka Shops and Commercial Establishments Rules, 1963.
Source: Government of Karnataka
