The Government of Puducherry on October 27, 2022, exempts all shops and establishments employing 10 or more persons, from the provisions of sub-section (1) of section 10 and sub-section (1) of section 16 of the Puducherry Shops, and Establishments Act, 1964 and the Puducherry Shops and Establishments Rules, 1964 and permits them to be open for 24x7 hours on all days of the year, for a period of three years with effect from the date of publication, unless it is revoked, subject to the following conditions.
The conditions are as follows-
•Every employee shall be given one-day holiday in a week on a rotation basis, and the details of every employee shall be provided in 'Form IX' added to the Puducherry Shops and Establishments Rules, 1964 and shall be exhibited by the employer in a conspicuous place in the establishments.
•Every employer shall exhibit details of the employees on holiday or leave daily, in a conspicuous place in the establishments.
•The overtime wages of the employees shall be credited to their respective savings bank accounts.
•An employer shall not require or allow any person employed to work therein for more than eight hours on any day and forty-eight hours in any week and the period of work including overtime shall not exceed ten and a half hours in any day and fifty-seven hours in a week.
•If employees are found working on any holiday or after regular duty hours without proper overtime, penal action will be initiated against the employer as laid down in the Puducherry Shops and Establishments Act, 1964, and the Puducherry Shops and Establishments Rules, 1964.
•Women employees shall not be required to work beyond 8.00 p.m on any day in normal circumstances:
(I) After obtaining the written consent of the women employees, the employer shall allow them to work between 8.00 pm and 6.00 am, subject to providing adequate protection of their dignity, honor, and safety.
(II) Transport arrangements shall be provided to the women employees who work in shifts. A notice to this effect shall be exhibited at the main entrance of the establishment indicating the availability of transport.
•The employees shall be provided with restrooms, washrooms, safety lockers, and other basic amenities.
•Every employer employing women employees shall constitute an Internal Complaints Committee against sexual harassment of women, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013) and the said Committee shall be operative.
•In the case of violation of any statutory provision or any of the above terms and conditions noticed by the Inspector or otherwise, necessary penal action will be initiated against the employer/manager as laid down in the Puducherry Shops and Establishments Act, 1964 and the Puducherry Shops and Establishments Rules, 1964.
[Notification No. GO.Ms.No/b/AIL/LAB/G/2022]
