G.O. Ms.No. 61, Permitting All Shops and Establishments to Keep Open for 24x7 on All Days of the Year Extended for Three Years, 2022

What the notification governs

Government Order Ms. No. 61, Labour Welfare and Skill Development (K2), dated 2 June 2022, was issued by the Labour Welfare and Skill Development Department, Government of Tamil Nadu, under the Tamil Nadu Shops and Establishments Act, 1947. It exempted shops and establishments employing 10 or more persons from specified closing and holiday requirements, allowing them to remain open 24 hours a day throughout the year.

The permission applied for three years from 5 June 2022, unless revoked. It allowed the establishment to stay open continuously, but did not allow individual employees to work without limits or weekly holidays.

Who is affected

The notification applies to employers, managers and employees of shops and establishments employing 10 or more persons. A property owner, buyer or occupier may need to consider it where commercial premises are used for round the clock operations, particularly where employees work late night or overnight shifts.

Main employment conditions

Employers operating under the permission had to comply with these requirements:

• Give every employee one weekly holiday on a rotation basis.
• Record employee details in Form S and display them prominently at the establishment.
• Display daily details of employees who are on holiday or leave.
• Credit wages, including overtime wages, to employees' savings bank accounts.
• Limit normal work to eight hours a day and forty eight hours a week.
• Ensure work including overtime does not exceed ten and a half hours a day or fifty seven hours a week.
• Provide restrooms, wash rooms, safety lockers and other basic amenities.

Conditions for women employees

Government Order Ms. No. 61 states that women employees must not normally be required to work after 8.00 p.m. They may work between 8.00 p.m. and 6.00 a.m. only with written consent and adequate protection for their dignity, honour and safety.

Employers must provide transport for women working in shifts and display a notice about transport availability at the main entrance. Establishments employing women must also have an operative Internal Complaints Committee against sexual harassment.

Enforcement

Employers or managers may face penal action if employees work on holidays or beyond normal duty hours without a proper overtime indent. Violations of statutory requirements or any listed condition may also lead to penal action under the Tamil Nadu Shops and Establishments Act, 1947 and its rules.