The Karnataka Shops and Commercial Establishments employing 10 or more persons to be open on 24 x 7 basis on all days of the year for a period of 3 years with effect from 2nd January 2021.
The Government of Karnataka after holding the required inquiry under the Shops and Establishment Act (S & E Act) notified this permit subject to certain conditions imposed on the employer, namely-
- The employer shall appoint additional staff in order to allow every employee to avail one day holiday in a week on rotation basis, and the details of every employee shall be exhibited by the employer at a conspicuous place in the shop or commercial establishment.
- Every employer shall exhibit details of the employees who are on holiday/leave on daily wages in a conspicuous place in the shop or commercial establishments.
- The wages including overtime wages of the employees shall be credited to their savings bank account as prescribed under the Payment of Wages Act.
- An employer shall not require or allow any person employed to work therein for more than eight hours in any day and forty eight hours in any week and the period of work including over time shall not exceed ten hours in any day and fifty hours in a period of three continuing months.
- If employees are found working on any holiday or after normal duty hours without proper indent of overtime, penal action shall be initiated against the employer/manager as laid down in the Karnataka S & E Act and the Rules.
- Women employee shall not be allowed to work beyond 8:00 pm on any day in normal circumstances.
- Provided that an employer after obtaining written consent from a woman employee may allow her to work between 8:00 pm and 6:00 am subject to providing adequate protection to her dignity, honour and safety.
- Transport arrangements shall be provided to the woman employee who works in shifts. A notice to this effect shall be exhibited at the main entrance of the shop or commercial establishment indicating the availability of the transport.
- The employees shall be provided with restroom, washroom, safety lockers, and other basic amenities.
- Every employer employing woman employee shall constitute internal complaints committee against sexual harassment of woman under the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act and the said committee shall be operative.
The aforesaid terms and conditions should be treated and implemented in addition to the provisions specified under the Karnataka S & E Act and the Employees’ Compensation Act (formerly the Workmen’s Compensation Act).
If the employer violates any of the above-mentioned terms and conditions or any statutory provisions under the Act, the concerned Inspector will initiate penal action against the employer/manager as laid down in the S & E Act and Rules.
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