This notification was issued in the exercise of powers conferred under the Karnataka Shops and Commercial Establishments Act, 1961. The permission so accorded is subject to the provisions of Section 12(3) (weekly holiday for employees) of the Act and the prescribed conditions.
Conditions for 24×7 operation
Here are some of the conditions laid down under the notification:
- Appointment of additional staff: Employers are mandated to appoint additional staff to allow every employee to avail one day holiday in a week on a rotation basis.
- Payment of wages: As per the notification, wages, including overtime wages, of the employees have to be deposited in their savings bank account as prescribed under the Payment of Wages Act, 1963.
- Working hours: It is specified that employers should not require or allow any person employed to work therein for more than 8 hours on any day and 48 hours in any week and the period of work, including overtime, must not exceed 10 hours on any day and 50 hours in a period of three continuing months.
- Consent for working post 8 pm: An employer has to secure written consent from a woman employee allowing her to work between 8 pm and 6 am. This is subject to providing adequate protection to her dignity, honour and safety.
- Transport arrangements: In the case of women employees working in shifts, transport arrangements have to be made and a notice regarding the same has to be displayed at the main entrance.
- Amenities: Basic amenities, including restrooms, washrooms, and safety lockers, must be made available to employees.
- ICC under POSH Act: Every employer employing women employees is required to constitute an internal complaints committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
These conditions are said to be in addition to the provisions under the 1961 Act and the Workmen’s Compensation Act, 1923. Any contravention will result in penal action against the concerned employer or manager.
Amendment regarding working hours and overtime
The permission extended in 2021 was operative till January of this year. [2] An amendment made to the 2021 notification seemingly sought to bring it in line with provisions of the 1961 Act (specifically Section 7(1)); it specified that employees should not be required to work for more than 9 hours on any day and 48 hours in any week.[3] The amendment further provided that the total number of hours of work, including overtime, should not exceed 10 hours on any day except on the day of stock-taking and preparation of accounts and the total number of overtime hours worked by an employee should not exceed 50 hours in a period of 3 continuous months.
Alignment with the 2021 Amendment and the 1961 Act needed?
The present notification does not seem to take the July 2021 amendment into consideration, with the text of the January 2021 notification being replicated. This brings the position back from 9 hours to 8 hours, thereby creating a disparity with the 1961 Act. This gap may lead to confusion or operational challenges for businesses, highlighting the need for prompt clarification or further amendments to ensure smooth implementation of the new regulations.