IT & ITES Establishments exempted from certain provisions of Telangana shop and establishment Act, 1988

The government of Telangana vide notification dated 25.07.2019 has exempted information technology enabled services and information technology establishments (“IT Establishments”) from certain sections of the Telangana Shops and Establishments Act, 1988 for a period of 5 years, retrospectively to be effect from May 30, 2018, subject to them adhering to certain conditions prescribed in the Notification.

IT Establishments have been exempted from the following sections of the Shops Act

1. Section 15: Covers Opening and closing hours of work
2. Section 16: Daily and weekly hours of work 
3. Section 21: Prescribes working timings for young person
4. Section 23: Specifies special provision for women
5. Section 31: Mandatory national and festival holidays

The exemption is subject to the employer adhering to certain conditions:

1. Weekly working hours for an employee shall be 48 hours. For work done beyond 48 hours, the employee shall be entitled to overtime wages and every employee shall be given a weekly off.
2. Engagement of women employees during night shift is permitted subject to provision of adequate security before 6.00 am and after 8.00 pm during the course of employment and conveyance facility between their workplace and residence.
3. Every employee shall be provided with identity cards and all other welfare measures to which they are eligible as per the rules in force.
4. Employers will conduct pre-employment screening of drivers engaged for the transportation of employees and obtain Bio-data of each driver.
5. Every employee shall be given a compensatory holiday in lieu of notified holidays, if they work on notified holidays.
6. The companies should be cautious regarding women employees’ safety as not to disclose women employees mobile number or addresses to unauthorized persons. Companies must obtain Bio-data of each driver, do pre-employment screening of the antecedents of all drivers and ensure that no women employees are picked up first and dropped last.
7. General exemption from maintenance of various statutory registers in hard copies and recognition of soft copy of registers as sufficient compliance.

Click here to read the notification.