The Tamil Nadu Government published a notification allowing the shops and establishments to remain open for 24 hours on all the days of the year with a few conditions.As per the notification:
All shops and establishments employing 10 or more persons,are exempted and permitted to remain open for 24x7 on all days of the year, for a period of three years with effect from 05.06.2022, unless it is revoked, subject to the following conditions, namely:-
- Every employee shall be given one day holiday in a week on rotation basis, and the details of every employee shall be provided in ‘Form S’ added to the Tamil Nadu Shops and Establishments Rules, 1948 and shall be exhibited by the employer in a conspicuous place in the establishments.
- Every employer shall exhibit details of the employees who are on holiday/leave, on daily basis, in a conspicuous place in the establishments.
- The wages including overtime wages of the employees shall be credited to their savings bank account.
- 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 and a half hours in any day and fifty seven hours in a week.
- If employees are found working on any holiday or after normal duty hours without proper indent of overtime,penal action will be initiated against the employer/manager as laid down in the Tamil Nadu Shops and Establishments Act, 1947 and the Rules.
- Women employees shall not be required to work beyond 8.00 p.m. on any day in normal circumstances: Provided that the employer after obtaining written consent of the women employees shall allow them to work between 8.00 pm and 6.00 am, subject to providing adequate protection of their dignity, honour and safety.
- Transport arrangements shall be provided to the women employee who works in shifts. A notice to this eff ect shall be exhibited at the main entrance of the establishment indicating the availability of transport.
- The employees shall be provided with restroom, wash room, safety lockers and other basic amenities.
- Every employer employing women employees shall 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.
- The above said terms and conditions shall be treated and implemented in addition to those provisions specified in the Tamil Nadu Shops and Establishments Act, 1947 and the Rules.
- In the case of violation of any statutory provision or any of the above terms and conditions noticed by the Inspector or otherwise, necessary penal action will be initiated against the employer/manager as laid down in the Tamil Nadu Shops and Establishments Act, 1947 and the Rules.