19 January 2021
In a move to ease the restrictions on doing business in Karnataka, the Government of Karnataka has permitted all shops and commercial establishments in the state of Karnataka that employ 10 or more persons to be open on 24×7 on all days. This permission is valid for a period of 3 years from the date on which the said notification is published in the official gazette. In order to operate 24X7, employers are required to adhere to certain conditions that are specified in the said notification, which include:
(a) Display employee details (including details of employees who are on leave/holiday) in a conspicuous place in the establishment;
(b) Restrict the number of hours of work of an employee to 8 hours in a day and 48 hours in a week;
(c) Restrict the number of hours worked such that the period of work including overtime does not exceed 10 hours in a day; and
(d) Obtain consent from women employees if they are required to work between 8:00 p.m. and 6:00 a.m.Employers are also required to provide women employees working between 8PM and 6 AM transport and ensure their safety. (Please note that the requirement to provide transport and obtain the consent of women to work between 8:00 p.m. and 6:00 a.m., were previously mandated under Karnataka Shops & Commercial Establishment Act, 1961. However, only establishments engaged in information technology and information technology enabled services related work permitted engaging women between 8:00 p.m. and 6:00 a.m., subject to them obtaining an exemption from the labour department.)
The notification is yet to be published in the official gazette.
Please see here for our dedicated COVID – 19 legal resource page."
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
