Exemption Notification Under the Shops and Establishments Act Chandigarh - June 2024

Exemption Notification Under the Shops and Establishments Act in Chandigarh

The Chandigarh Administration has issued a significant exemption notification under the Shops and Establishments Act, applicable to all shops and commercial establishments in the Union Territory. This notification, No. 12/2/149-HII(2)/2024/9789, dated 25th June 2024, brings several changes that aim to provide more flexibility while ensuring employee welfare and safety.

Key Highlights of the Notification

• Extended Operating Hours: All shops and commercial establishments registered under the Act can now remain open 24 hours a day, 365 days a year.
• Employee Welfare: Employees are entitled to one day of rest per week without any wage deduction. Additionally, a rest period of at least half an hour after five hours of continuous work is mandatory.
• Working Hours: No employee should work more than 9 hours a day or 48 hours a week. If the establishment operates beyond 10 PM, adequate safety measures must be in place.
• Female Employee Safety: Special provisions are in place for female employees, including separate lockers, restrooms, and security. Female employees are not allowed to work after 8 PM unless they provide written consent, and the employer ensures safe transport home.
• Overtime Regulations: Overtime work is capped at 50 hours per quarter, and employees are to be compensated at twice their normal hourly wage.
• Compliance and Safety: Establishments must install CCTV cameras with a 15-day recording backup and an emergency alarm system. Additionally, provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, must be adhered to.
• Management Responsibilities: Management must ensure protection from sexual harassment as per the Vishaka guidelines, provide proper transport for night shifts, and maintain detailed records of employee transport and security arrangements.

Conditions and Compliance

The exemption is subject to several conditions aimed at maintaining employee rights and safety. For instance, the notification emphasizes the importance of adhering to the Punjab Shops and Commercial Establishments Act, 1958, as well as other relevant labor laws.

Any violation of the outlined terms and conditions, or other provisions of the Act, may result in the cancellation of the exemption after a due hearing process.

Conclusion

This exemption notification marks a significant development for businesses in Chandigarh, offering extended operating hours and greater flexibility. However, it also places a strong emphasis on ensuring the safety and rights of employees, particularly women. Employers must carefully adhere to these guidelines to benefit from the new provisions.

For further details, you can access the full official notification on the Chandigarh Administration’s eGazette website.

Stay updated with the latest regulatory changes to ensure your business operates smoothly and in compliance with the law.

Source: Chandigarh Administration’s eGazette website