Date: 2025-05-08Category: Not ApplicableState: Tamil NaduCountry: India
Permitting All Shops and Establishments to Keep Open for 24X7 on All Days of the Year Extended for a Further Period of Three Years under the Tamil Nadu Shops and Establishments Act.
**Executive Summary**
The Tamil Nadu Government Gazette Extraordinary notifies the extension of permission for all shops and establishments in Tamil Nadu employing 10 or more persons to remain open 24x7 on all days of the year for a further period of three years, effective from June 5, 2025. This extension is subject to specific conditions outlined in the notification, issued by the Labour Welfare and Skill Development Department. The notification also stresses penal actions against the employer or manager for not complying with the conditions and rules.
**Key Points / Main Content**
* **24x7 Operation Extension:** Permission is granted for all shops and establishments employing 10 or more persons to remain open 24x7 on all days of the year, extended for a further period of three years, effective from June 5, 2025, unless revoked. This permission exempts them from sub-section (1) of section 7 and sub-section (1) of section 13 of the Tamil Nadu Shops and Establishments Act, 1947.
* **Employee Welfare and Rights:**
* Each employee must be given one day holiday per week on a rotation basis.
* Details of employees, including those on holiday or leave, must be visibly displayed.
* Wages, including overtime, must be credited to employees' savings bank accounts.
* Employees cannot be required or allowed to work more than eight hours a day, 48 hours a week. Including overtime, work should not exceed ten and a half hours a day, 57 hours per week.
* **Overtime and Penalties:**
* Penal action will be taken against employers/managers if employees work on holidays or after normal hours without proper overtime authorization.
* **Women Employees:**
* Women employees cannot be required to work beyond 8:00 PM under normal circumstances, unless they provide written consent and adequate protection for their dignity, honor, and safety is provided.
* Transportation arrangements must be provided for women working in shifts, with a notice displayed at the entrance.
* Employers employing women employees must establish and maintain an operative Internal Complaints Committee against sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
* **General Amenities:**
* Restrooms, washrooms, safety lockers, and other basic amenities must be provided to employees.
* **Compliance:**
* These terms and conditions are in addition to the provisions of the Tamil Nadu Shops and Establishments Act, 1947, and the Tamil Nadu Shops and Establishments Rules, 1948.
* Violation of statutory provisions or these terms will result in penal action against the employer/manager, as per the Tamil Nadu Shops and Establishments Act, 1947, and the Tamil Nadu Shops and Establishments Rules, 1948.
**Impact Analysis**
**Stakeholder: Employers/Managers of Shops and Establishments**
* **Impact:** Can operate 24x7, but must adhere to employee welfare and operational conditions.
* **Action Required:** Ensure compliance with all specified conditions regarding employee holidays, working hours, wages, safety, and amenities, and establish the Internal Complaints Committee if employing women. They also need to display the required information.
**Stakeholder: Employees**
* **Impact:** Entitled to specific rights and protections related to working hours, holidays, wages, and safe working conditions.
* **Action Required:** Be aware of their rights and report any violations to the relevant authorities.
**Stakeholder: Government/Inspectors**
* **Impact:** Responsible for monitoring compliance and enforcing the regulations.
* **Action Required:** Conduct inspections and take penal action against non-compliant establishments.
Key Entities Referenced
Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947): The primary legislation being amended, regulating working conditions and hours in shops and establishments in Tamil Nadu.
Labour Welfare and Skill Development Department: The department issuing the notification related to shops and establishments.
Tamil Nadu Shops and Establishments Rules, 1948: Rules framed under the Tamil Nadu Shops and Establishments Act, 1947, providing detailed regulations.