Karnataka Government Allows Shops and Commercial Establishments to Operate 24×7 for Three Years: Key Guidelines.
Continuous Operations for Businesses
The notification allows all shops and commercial establishments employing ten or more persons to remain open throughout the day and night, 365 days a year. This decision aims to promote business growth and cater to the needs of consumers around the clock, especially in urban centers. However, it comes with several safeguards to ensure employee welfare.
Weekly Holidays and Employee Management
One of the primary conditions is that employers must appoint additional staff to ensure that each employee gets a mandatory weekly holiday. The holiday schedule should be rotated, ensuring employees are not overburdened. Additionally, the names of employees on holiday or leave should be displayed prominently at the establishment, providing transparency and maintaining accountability.
Strict Adherence to Working Hours and Overtime
Employers are prohibited from making employees work beyond eight hours per day or 48 hours per week. While overtime is allowed, it cannot exceed ten hours in a single day or fifty hours over three months. Employers must maintain proper records of overtime and ensure that employees are not overworked. Any violation will result in strict penal action under the Karnataka Shops and Establishments Act, 1961.
Wages and Overtime Payments
To protect employees’ financial interests, the notification mandates that wages, including overtime, must be credited to employees’ bank accounts. This stipulation ensures transparency and compliance with the Payment of Wages Act, 1963, reducing the risk of wage disputes and non-payment.
Special Provisions for Female Employees
Recognizing the need for enhanced protection for female employees, the government has placed specific restrictions on their working hours. Female employees are not allowed to work beyond 8:00 pm unless they provide written consent. If women agree to work night shifts, employers must ensure their safety by providing adequate transport and protection for their dignity, honor, and well-being. This Provision aligns with broader efforts to ensure workplace safety and gender equality.
Mandatory Internal Complaints Committee for Women’s Safety
The notification emphasizes the importance of safeguarding women from sexual harassment in the workplace. Every employer is required to establish an Internal Complaints Committee in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The committee must be active and operational to address any grievances related to sexual harassment.
Provision of Basic Amenities
To maintain a conducive working environment, establishments must provide essential facilities such as restrooms, washrooms, and safety lockers for their employees. These amenities are critical for ensuring the well-being and comfort of workers, especially those working in shifts or extended hours.
Penalties for Non-Compliance
The notification underscores that violating these provisions will result in stringent penal action. Labor inspectors have been empowered to monitor compliance, and employers who breach the rules can face legal consequences under the Karnataka Shops and Establishments Act, 1961, and related rules.
Ensuring Transparency and Compliance
The government has directed that these regulations be prominently displayed at the main entrance of shops and establishments, ensuring employees are aware of their rights. Moreover, details of women employees working late shifts and transportation availability should also be clearly communicated.
Conclusion
This forward-thinking move by the Karnataka government strikes a balance between promoting business growth and safeguarding the rights of employees. By allowing 24×7 operations, Karnataka has opened the doors for a more vibrant and flexible economy, catering to both businesses and consumers. However, the strict regulations on working hours, employee welfare, and safety ensure that employers uphold their responsibilities, creating a secure and fair working environment.
With these reforms, the state is poised to attract greater commercial activity while reinforcing its commitment to labor rights. Businesses and employees alike must adhere to the outlined guidelines to benefit from this new operational flexibility without compromising worker welfare.
SOURCE BY: PCS CONSULTANCY
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