In a recent notification dated 1st June, 2017, the Department of Labour, Punjab has extended the permission to all establishments to keep open on all 365 days in Punjab for a period of one year from 1st June, 2017, i.e. till 1st June, 2018 or till such period it is revoked, whichever is earlier.
In effect, all establishments in Punjab have been exempted from the provisions of Section 9 [i.e. opening and closing hours] and Section 10 (1) [i.e. Close day] of the Act.
To avail this exemption and keep open on all 365 days, every employer is required to adhere to the following conditions:
1) Every employee is given one day holiday in a week without making any deduction from his/her wages on account thereof and the time table of such holidays for a month is placed on the notice board in advance.
2) Every employee is given a rest period of one hour after 5 hours of continuous work.
3) No employee is made to work for more than 9 hours in any day or 48 hours in a week.
4) If the establishment remains open after 10.00 pm on any day, ensure that adequate safety and security arrangement is provided to all employees and visitors.
5) Appoint new staffs if you are operating on all 365 days.
6) Provide separate lockers, security and rest rooms at the work place to female employees.
7) Obtain written consent from female employees, in cases they work after 8.00 P.M post obtaining consent letter in writing and ensure adequate safety and security arrangements of female during work, till they safely reach home after their work is over.
8) Implement the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986.
9) Provide your employees with all facilities under the relevant labour laws.
10) Provide every employee national and festival holidays with wages.
11) Credit the wages including overtime wages of the employees to their saving bank accounts.
12) If you employ women employees, 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.
In the event, the above-stated terms and conditions or any other provision of the Act is violated, this exemption will stand cancelled after having been given a due opportunity of being heard by the Competent Authority.
Source: Punjab Labour and Employment Department.