Shops, restaurants with more than 10 employees can operate 24/7

Bengaluru: Karnataka on Saturday issued a circular allowing all shops and commercial establishments employing 10 or more people in the State to operate on a 24x7 basis for next three years.

The move is aimed at generating employment and accelerating economic growth.

The State government in its circular stated that no employee should be made to work more than 10 hours a day and be allowed to take a off once a week on a rotation basis.

"All employers 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 overtime shall not exceed ten hours in any day," the government order said.

All employees are entitled to at least one week-off, the government said. It added that if an employee is made to work beyond eight hours in a day, she will have to be paid an overtime allowance.

Women employees shall not be allowed to work beyond 8 p.m. on any day in normal circumstances.

"Provided that an employer after obtaining written consent from a women employee may allow her to work between 8 p.m. and 6 a.m. subject to providing adequate protection to her dignity, honour and safety," the circular said.

The government said any employers or managers violate its directives regarding shift timings will face action.

"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 Shops and Establishments Act and Karnataka Shops and Commercial Establishments Rules," the notification read.

These are the following conditions:

v The employer shall display the details of every employee at a conspicuous place in the shop or commercial establishment.

v Every employer shall exhibit details of the employees who are on holiday/leave on a daily basis in a conspicuous place in the shop or commercial establishments.

v The wages including overtime wages of the employees shall be credited to their savings bank account as prescribed under the payments of wages Act, 1963.

v 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 overtime shall not exceed ten hours in any day and fifty hours in a period of three continuous months.

v 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 Shops and Establishments Act, 1961, and Karnataka Shops and Commercial Establishments Rules 1963.

v 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.

v The employees shall be provided with restroom, washroom, safety lockers and other basic amenities.

v 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, 2013 (Central Act 14 of 2013) and the said committee shall be operative.

v The notification said that the above terms and conditions shall be treated and implemented in addition to those provisions specified in the Karnataka Shops and Establishments Act, 1961. (Karnataka Act No. 8 of 1962) and The Workmen's Compensation Act, 1923 (Central Act 8 of 1923).

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 shall be initiated against the employer/manager as laid down in the Karnataka Shops and Commercial Establishments Act, 1961 and Karnataka Shops and Commercial Establishments Rules, 1963.

It may be recalled that Karnataka government had issued such circular in November 2019 and January 2020 also but this was opposed vehemently by various sections of the state as a result of this it was subsequently withdrawn. This is the third attempt in as many years by Karnataka to allow shops to remain open 24/7.