New notification in Karnataka allowing 24×7 operations

As a step towards reviving the economy, the Government of Karnataka has issued a notification on 2 January 2021 (2021 Notification) to allow all shops and commercial establishments in Karnataka employing 10 or more persons to operate 24×7 (subject to certain conditions). The 2021 Notification is effective for a period of 3 years from 7 January 2021.

Some of the key requirements under the 2021 Notification are:

• The working hours of persons should not exceed 8 hours in any day and 48 hours in any week. The period of work including overtime must not exceed 10 hours in any day and the total overtime hours should not exceed 50 hours in a continuous period of 3 months;
• Additional staff must be appointed to allow every employee to avail one weekly holiday on a rotation basis;
• Written consent from women employees should be obtained if they are required to work after 8:00 PM and before 6:00 AM. Adequate protection and transport arrangements should be provided to women;
• Wages and overtime pay should be credited to the savings account of employees in accordance with the Payment of Wages Act, 1936;
• Restroom, washroom, safety lockers and other basic amenities should be provided to employees;
• An internal committee as prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 should be constituted.

The conditions in the 2021 Notification are in addition to those stipulated under the Karnataka Shops and Commercial Establishments Act, 1961 (Karnataka S & E Act); Employees’ Compensation Act, 1923. 2021 Notification also prescribes penal action against the employer/manager for violating the provisions set out in the notification.

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