Punjab Labour Department extends conditional exemption granted to shops and establishments from Sections 9 (opening and closing hours) and 10 (close day) of the Punjab Shops and Commercial Establishments Act till 31st May, 2023
The Governor of Punjab has notified an extension to the conditional exemption granted to all establishments from the “Opening and closing hours” and “Close day” under the Punjab Shops and Establishment Act, 1958 and has further permitted all establishments registered under the Act to remain open on all 365 days of the year, for a further period of 1 year, up to 31st May, 2023, subject to the following conditions:
Compliance obligations:
1. Provide one day weekly holiday to employees working in the establishrnent (without any deduction from his / her wages on account of such holiday)
2. Notify a list of the timetable of such holidays for a month on the notice board in advance;
3. Ensure that employees are given a rest period of one (1) hour after five (5) hours of continuous work;
4. Do not allow employees to work for more than nine (9) hours in a day or forty-eight (48) hours in a week;
5. Ensure that the spread over of an employee does not exceed 11 hours in a day;
6. If the establishment remains open after 10:00 pm on any day, ensure to make adequate safety and security arrangements for employees and visitors;
7. Appoint new staff for the extended timing, as establishments are permitted to be open on all days;
8. Provide separate locker, security and rest rooms for female employees at the workplace;
9. Constitute Internal complaint committee against sexual harassment of women under the Sexual Harassment of women at workplace (Prevention Prohibition and Redressal) Act, 2013 and ensure that the said Committee is operative;
10. Do not allow female employees to work after 8:00 p.m.;
11. In the event female employees are required to work after 8:00 p.m., ensure to obtain their written consent in this regard and implement adequate safety and security arrangements for such female employees during working hours and further ensure that they safely reach home after their work is over;
12. Implement the provisions of the Prevention of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 in the establishment;
13. Ensure to provide all employees with all facilities mentioned in the relevant labour laws;
14. Keep the Consent letters obtained from the employees as record in the establishment;
15. Ensure that employees are given national and festival holidays with wages;
16. Ensure that all wages (including overtime wages) of the employees is credited to their savings bank account;
ln case of violation of any of the above terms and conditions, the exemption will be cancelled after giving a due opportunity of being heard by the Competent Authority.
Please note: Though the Notification is dated 8th June 2022, it has been uploaded on the official website of the Punjab Labour Department on 8th July 2022.
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Opening and closing hours. — Government shall by notification fix the opening and closing hours of all classes of establishments; and different opening and closing hours may be fixed for different classes of establishments and for different areas; Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct.
Close day. — (1) Save as otherwise provided in this Act every establishment shall remain closed on every Sunday; Provided that, in the case of an establishment attached to a factory the employer may substitute the close day of such establishment so as to corresponds to the substituted close day of the factory in the same manger and subject to the same conditions as are laid down in this behalf in the Factories Act, 1948; Provided further that Government may by notification fix any other day to be the close day in respect of any class of establishments for the whole of the State or any part thereof.
Source: Department of Labour, Punjab
