Dear All,
We are a payment card industry i.e. developing softwares for debit cards & credit cards. Section 13 of the Bombay Shops & Establishments Act states that:unless specifically provided by the State Government, no commercial establishment shall on any day be opened earlier that 8:30 a.m. and closed later than 8:30 p.m. Further, Section 33 specifically provides that no women shall be required or allowed to work in any establishment before 6:00 a.m. or after 8:30 p.m. It may be noted that the above is subject to any exemption granted from complying.
We are planning to introduce shift system in our organisation. For this purpose, kindly let me know the procedure for the application for exemption especially for night shifts for both men and women.
Regards
Shreya
A written permission from the Labour Commissioner is required to get the exemptions under section 13, 14, 15, 18 & 33(3) as under:
Provision of Act under section 13, 14, 15, 18, 33(3) for Software and Information Technology Establishments including Customer Services Care Centers operating through computer in Maharashtra State subject to the following terms and conditions, namely:
General Conditions:
Written letters shall be taken from each of the concerned software industrial establishment that, all the special conditions are acceptable to them;
If any of these conditions are violated, the permission for that specific industrial establishment will be deemed to have been automatically cancelled.
Special Conditions:
Section 13:
Unconditional exemption for opening and closing hours of Establishment.
Section 14:
No employee shall be required or allowed to work in any establishment for more than 9 hours in any day and 48 hours in any week;
Overtime as prescribed in section 63 of the said Act, will be paid for work in excess of limit of hours of work;
Section 15:
Each employee will be given interval for a rest for half an hour after continuous working of 5 hours.
Section 18:
Every employee shall be given one day holiday in a week without making any deductions from the wages on account thereof;
All employees shall be provided work alternatively.
Section 33(3):
Special arrangement should be made for protection of Female employees working before 6.00 am and after 8.30 pm including transport;
Female employees should be provided job jointly or in group;
Arrangement of rest room and lockers should be made for women employees
Sayed Iqbal
Excel Consultancy Services
