Global Compliance Desk – Karnataka, India

India: Karnataka Government Permits Shops To Remain Open 24/7 

On January 2, 2021, the Government of Karnataka issued a notification that allows all shops and commercial establishments in Karnataka, having 10 or more employees to operate 24×7 with certain terms and conditions. This notification shall remain effective for a period of 3 years from January 7, 2021.

Key Points Addressed via the Notification

Some of the main points addressed through the notification have been discussed below:

  • Working Hours –  An employee shall not be required to work more than 8 hours per day and 48 hours in any week. The working hours including overtime performed by an employee shall not exceed 10 hours in any day and the total overtime hours shall not exceed 50 hours in a continuous period of 3 months;
  • Additional Staff –  The notification says that additional staff must be appointed to allow each employee to take one weekly holiday on a rotation basis. 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.
  • Women Employees in Night Shifts – An employer shall not employ female employees after 8 pm, and in cases where they work beyond 20 hours, written consent from such employees shall be obtained by the employer and proper arrangements for their protection and transport shall be made.
  • Basic Amenities – Employers must ensure to provide facilities such as a restroom, washroom, safety lockers, and other basic facilities to employees.
  • Payment of Wages – 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.
  • Accrual of Annual Leave – In the amendment dated February 19, 2021, the government has increased the number of leaves that an employee can carry forward to the succeeding year to 45 days compared to the previous accrual of 30 days. This is applicable to all shops and commercial establishments covered under the Karnataka Shops and Establishments Act.

Violation of Requirements 

In the case of violation of any statutory provision or any of the above terms and conditions noticed by the inspector 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.

Note: Currently, no other state has provided any notification on similar regulations.

Priyanjali
ABOUT THE AUTHOR
Priyanjali
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
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