The Labour Branch of Punjab Government (“Government”) has, in a Notification dated July 16, 2019 permitted all the shops and establishments, registered under the Punjab Shops and Commercial Establishment Act, 1958 (“Act”) to remain open on all 365 days of the year. This has been implemented for a period of one year up to31st May 2020, unless it is revoked.
Key Highlights
The Government will allow all shops and establishments to remain open on the following conditions:
(1) This exemption will remain in operation for the period of one year till 31st May 2020.
(2) Every employee working in the establishment must be given one day holiday in a week without making any deduction from his/her wages on account and a list of the time table of such holidays for a month should be placed on the notice board in advance.
(3) Every employee must be given a rest period of one hour after 5 hours of continuous work.
(4) No employee should be required to work for more than 9 hours in a day or 48 hours in a week.
(5) If the establishment remains open after 10:00pm on any day, adequate safety and security arrangements should be ensured for all employees and visitors.
(6) New staffs should be employed for the extended timing since establishments are being given permission to be open for all days.
(7) Female employees should be provided separate locker, security and rest rooms at the work place.
(8) Every employer employing women employees should constitute an Internal Committee against sexual harassment of women under the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act, 2013 which must be operative.
(9) Employers must take written consent from female employees if they are required to work after 8:00pm. The employer must ensure that adequate safety and security arrangements of female employees are made during working hours and that such female employees safely reach home after their work is over.
(10) Ensure that the provisions of The Child and Adolescent Labour (Prohibition and Regulation) Act 1986, are implemented in the establishment.
(11) All other facilities mentioned in the relevant labour laws must also be provided to the employees.
(12) Consent letter should be taken from the employees and retained in the records of the establishment.
(13) Employers must ensure that the spread over of an employee does not exceed 11 hours in a day.
(14) Employee should be given national and festival holidays with wages.
(15) The wages including overtime wages of the employees must be credited to their saving bank accounts.
(16) In addition to the terms and conditions mentioned above, all the provisions of the Act and other relevant Laws will be applicable to the establishment.
(17) Violation of any of the above terms and conditions or any other provision of the Act the will amount to a cancellation of the exemption after giving a due opportunity of being heard by Competent Authority.
[Note: The present notification refers to another notification from 2018 and is an extension of the 2018 notification. We are in the process of obtaining the same from the Punjab Labour Department by filing an RTI since it is not available on public domain].
Source: Punjab Government
