Notification Overview

On June 25, 2024, the Chandigarh Administration Labour Department announced a significant change for all shops and commercial businesses in Chandigarh. This announcement, published in the official Gazette, gives certain businesses more flexibility by loosening some rules of the Punjab Shops and Commercial Establishments Act, 1958. This summary explains the specific changes, requirements, and effects of this announcement on businesses and workers. The announcement exempts shops and commercial businesses in Chandigarh from these rules of the Punjab Shops and Commercial Establishments Act, 1958:

• Section 9: Regulates the opening and closing times of shops.
• Sub-Section (1) of Section 10: Sets the daily and weekly working hours, including rest breaks.
• Section 30: Covers holidays and leave.

With these exemptions, businesses can now stay open 24 hours a day, every day of the year, greatly increasing their ability to serve customers and improve operations.

Main Points of the Notification

Exemption Details

• Effective Date: The exemption takes effect immediately upon its publication in the official Gazette and remains in force unless revoked. (Valid for 1 year.)
• Operational Hours: Shops and commercial establishments are now permitted to operate 24/7 throughout the year.

Conditions for Exemption

To maintain the exemption status, establishments must adhere to specific conditions aimed at safeguarding employee rights and ensuring safety:

Employee Rights

• Rest Day: Employees must be given at least one rest day per week.
• Rest Period: A mandatory rest period must be provided after every 5 hours of work.
• Working Hours: Employees should not work more than 9 hours per day or 48 hours per week.

Female Employees –

• Safety Measures: Special safety measures must be implemented for female employees.
• Consent for Night Work: Every Female employee must provide written consent for working after 8 pm.
• Protection Against Harassment: Strict measures should be in place to protect female employees against sexual harassment.

Wage Payments and Holidays –

• Payment Mode: Wages, including overtime payments, must be credited directly to employees’ bank accounts.
• Holidays: National and festival holidays, along with other labour law benefits, must be provided.

Security Measures –

• CCTV Cameras: Mandatory installation of CCTV cameras in the establishment and at least 15 days of recording to be maintained.
• Emergency Alarms: Establishments must install emergency alarms for security purposes.

Violation and Revocation

• Consequences: Any violation of the stated conditions may lead to the cancellation of the exemption.

Conclusion

The notification on June 25, 2024 by the Chandigarh Administration Labour Department marks a significant shift for shops and commercial establishments in the region. By exempting these businesses from certain sections of the Punjab Shops and Commercial Establishments Act, 1958, they are now allowed to operate 24/7, offering increased operational flexibility and the potential for enhanced customer service. However, this exemption comes with stringent conditions designed to protect employee rights, ensure their safety, and maintain a secure working environment. Adherence to these conditions is crucial, as any violation could result in the revocation of these new privileges. This regulatory update establishes a standard for upcoming administrative policies by striking a balance between the wellbeing of employees and the expansion of businesses.

Disclaimer:  This is an effort by Lexcomply.com, to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.