The Government of Tamil Nadu, on March 23, 2023, hereby exempts all establishments from the provisions of sub-section (1) of Section 11 of the Tamil Nadu Shops And Establishments Act, 1947 and permits all the establishments in the State of Tamil Nadu to keep open on all 365 days of the year, for a further period of three years with effect from the 23rd March 2023.
It is revoked, subject to the following conditions-
(1) 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 S’ added to the Tamil Nadu Shops and Establishments Rules, 1948 and shall be exhibited by the employer in a conspicuous place in the establishments.
(2) Every employer shall exhibit details of the employees who are on holiday/ leave, on a daily basis, in a conspicuous place in the establishments.
(3) The wages including overtime wages of the employees shall be credited to their savings bank account.
(4) 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 hours on any day and fifty-four hours in a week.
(5) If employees are found working on any holiday or after normal duty hours without proper indent of overtime, penal action will be initiated against the employer as laid down in the Tamil Nadu Shops And Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) and the Tamil Nadu Shops and Establishments Rules, 1948.
(6) Women employees shall not be required to work beyond 8.00 p.m. on any day in normal circumstances: Provided that the employer/manager after obtaining written consent of a woman employee shall allow her to work between 8.00 p.m. and 6.00 a.m. subject to providing adequate protection of her dignity, honour and safety.
(7) 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.
(8) The employees shall be provided with a rest room, washroom, safety lockers and other basic amenities.
[Notification No. No. II(2)/LWSD/174(a)/2023]
