January 3, 2021 11:59:40 am
The Karnataka government has allowed all shops and commercial establishments to operate 24/7 for the next three years under the provisions of the Karnataka Shops and Commercial Establishments Act (1961). The revision of the rules by the Department of Labor is expected to help companies recover from the financial difficulties they faced during the coronavirus-induced lockdown that led to a slowdown in economic activity.
Here’s a deep dive into the new guidelines:
Are these revised rules applicable to all stores?
No. The rules, which have been partially modified by the government, allow only stores and commercial establishments that employ ten or more people to operate 24 × 7. The period of this extension of hours will be in effect until January 2, 2024.
What must employers do to ensure that an establishment can operate 24 hours a day?
Employers have been directed to designate additional staff, allowing all employees to take advantage of one vacation day a week on a rotating basis. The details of each employee should also be displayed in the store or business establishment, also mentioning who is on vacation daily.
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Can employees be asked to work overtime?
While the time allowed for each employee to work in a week is set at 48 hours per week (eight hours per day), employers can ask them to work overtime. However, the work period, including overtime, must not exceed 10 hours per day. Employees are also entitled to receive overtime wages, which the employer must credit in their savings account as prescribed in the Wage Payment Act (1963).
Are female employees allowed to work late into the night?
No. Employees cannot work past 8 pm on any day under normal circumstances. However, they may be allowed to work between 8 pm and 6 am after the employer obtains written consent. The employer is then responsible for providing adequate protection for the dignity, honor, and safety of each employee.
What other facilities should employers guarantee to each employee?
Employees must have restrooms, restrooms, security lockers, and other basic services at their workplaces. At the same time, means of transport will be made available to employees working in shifts. Availability of transportation must also be posted at the main entrance of the establishment.
What action will be taken against an employer found to be violating the rules?
The order specifies that criminal action will be brought against the employer or the facility manager if an employee is found working on any holiday or after normal business hours without an appropriate overtime penalty. An internal complaints committee should be established to deal with complaints against sexual harassment of women under the Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Remedy) Act (2013).
Owners / employers / managers have also been ordered to implement all the terms and conditions specified in the Karnataka Stores and Establishments Act and the Workers’ Compensation Act (1923), otherwise they will be charged with criminal proceedings. .
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