The Government of Kerala has through a notification dated October 4, 2018 issued the Kerala Shops and Commercial Establishments Amendment Ordinance, 2018 (“Ordinance”) which is to take effect immediately
Key Highlights of the Ordinance
- Every person employed in a shop or commercial establishment will be allowed in each week a holiday of one whole day. Such weekly holiday cannot be availed by any person whose total period of employment in the week including any days spend on authorized leave, is less than six days. In this regard, the requirement for specifying the day of leave and affixing a notice to that effect in the shop or establishment under the Principal Act has been done away with.
- The Ordinance allows women and persons below 17 years to work in an establishment between 6 a.m. and 9 p.m. The Principal Act allowed them to work between 6 p.m. to 7 p.m.
- Further, provisions for the employment of women at night, i.e. between 9 p.m. and 6 a.m. has been made. Employment of women during such hours can be done after obtaining consent of such women employee and ensuring that a group consisting of at least five employees having a minimum of two female employees is employed during such hours and adequate protection of their dignity, honour and safety, protection from sexual harassment and facility for transportation from the shop or establishment to the doorstep of their residence is available.
- In every shop and establishment, suitable arrangements for sitting shall be provided for all workers so as to avoid “on the toes” situation throughout the duty time, so that they may take advantage of any opportunity to sit which may occur in the course of their work
- The Ordinance allows for the maintaining of registers and records electronically. A provision specifying that hard copies of such records must be made available at the time of inspection has also been incorporated
Source: http://www.lc.kerala.gov.in/images/pdf/gos/Ordinance.pdf
