Legal Update – Exemption to all IT/ITES Establishments : Telangana Shop & Esstt Act

Shop & Establishments

Exemption to all IT/ITES Establishments : Telangana Shop & Esstt Act

Dear All,

The enclosed Notification outlines a government order from the Labour Employment Training & Factories (Labour-I) Department of Telangana State. Here are the key points:

Exemption Granted: All Information Technology Enabled Services (ITES) and Information Technology Establishments in Telangana are exempted from certain provisions of the Telangana Shops and Establishments Act, 1988, for four years starting from 30th May 2024. This exemption is issued under the authority of G.O.Ms. No. 5 dated 7th June 2024.

Exempted Sections: The sections from which these establishments are exempted include sections 15, 16, 21, 23, and 31 of the Telangana Shops and Establishments Act, 1988.

Conditions for Exemption:

Weekly working hours are limited to 48 hours. Overtime wages are applicable for work beyond this limit. Employees must be given a weekly off.

Engagement of young and women employees during night shifts is permitted with adequate security and transportation to and from their residences.

Provision of identity cards and welfare measures as per existing rules.
Compensatory holidays with wages for work on notified holidays.
Pre-employment screening and collection of bio-data for drivers, including verification of their credentials.

The schedule and route for pick-up and drop-off must be decided by the company’s supervisory officer weekly, with any changes requiring their prior knowledge.

Confidentiality of women employees’ contact details.
Ensuring women employees are not the first to be picked up or the last to be dropped off.

Providing security guards for night shift vehicles is desirable.
Random checks on vehicles by designated supervisors.
Establishment of a control room/travel desk for monitoring vehicle movements.

The exemption can be revoked at any time without prior notice if conditions are violated or if it is detrimental to the employees.
Maintenance of Integrated Registers and filing of integrated returns as per G.O.Ms.No.23 dated 24th March 2016.

This order aims to regulate working conditions and ensure the safety and welfare of employees in the IT sector while providing operational flexibility to IT establishments in Telangana.



Legal Update – Conditions in respect of employing women in the factory during night shift.

Factories Act

Conditions in respect of employing women in the factory during night shift

In exercise of the power conferred by clause (b) Sub-section (1) of Section-66 of Factories Act, 1948 (Central Act 63 of 1948) and in supersession of all other notifications issued in this behalf, the Governor of Haryana hereby prescribes the following conditions in respect of any factory which apply for the exemption for employing women in the factory during night shift i.e. between the hours of 07.00 PM to 06.00 AM, in respect of their Safety and Security. Such exemption shall be valid for one year from the date of issuance of the notification:-

A. No women shall be subjected to sexual harassment at any workplace in the factories.

B. The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or any other law or any other instructions / conditions issued in this regard from time to time by the Central Government or State Government , shall be complied with by the occupier of the factory.

C. Every occupier of the factory shall constitute by an order in writing, a Committee to be known as the Internal Committee (IC) as per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.

D. Every occupier shall prepare and as often as may be appropriate, revise, a written statement of his general policy showing his commitment with respect to the prohibition of sexual harassment of the women worker at workplace and the order regarding constitution of Internal Committee and Policy on prohibition of sexual harassment shall be displayed at conspicuous places at the workplace.

E. The occupier shall provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work and shall see that the women workers are employed in a batch of not less than ten.

F. The Occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers.

G. Sufficient women security guards shall also be provided at the entry as well as exit point of the factory.

H. Declaration/consent from each woman worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained.



Legal Update : Gujarat – Filing consolidated annual returns online

Labour Laws

Gujarat – Filing consolidated annual returns online

The Deputy Labor Commissioner Gujarat issued a notification on February 29, 2024 regarding the Filing of consolidated annual returns online on the website of the Labor Commissioner’s office. It is applicable for every establishments/factories/contractors employing 50 or more laborers registered under the Contract Sanctions (Regulation and Abolition) Act, 1970

Enclosed Notification copy for your reference


Legal Update : National Minimum Standards and Protocol For Creches (Operation & Management) 2024

Labour Laws

National Minimum Standards and Protocol For Creches (Operation & Management)

The Ministry of Women & Child Development issued a notification dated February 23, 2024 specifying the minimum standards to be followed for setting up of creche facilities.

It applies to every individual/ service agencies/ corporations/ companies/universities/ hospitals/ care service providers/ government organisations/ non-governmental organisations etc, having 50 or more employees to have a creche, extending to both males and females. Additionally, Section 48 of the Factories Act, 1948, mandates creche facilities for factories with over 30 female workers.

Date of enforcement: February 23, 2024.

Key Highlights:

1. The creche is defined as a creche provides a safe and nurturing environment for youngsters while their parents or guardians work. These facilities prioritize children’s health, provide nutritional meals, and ensure a safe environment. It offers age-appropriate instructional activities.

2. Key considerations to consider when opening a créche:

a. Facility of creche may be provided from the age group of 6 months onwards.

b. The creche may also be set up in any office space, in a residential apartment/society, school, hospitals, cooperative office or any other place as per requirements.

c. It is mandatory that CCTV cameras are installed for ensuring security and supervision at the creche. Parents/ Guardians may preferably be provided with access to CCTV cameras, wherever possible, enabling them to monitor the creche remotely from their workplace.

d. The local police stations, the Women and Child Development/Social Welfare Department, and the Labour Department should invariably have the information about the location and details of the créche for safety purposes and information to be maintained by these offices.

e. Play materials and toys (essential ECCE Study material and play materials, sports materials, blocks etc.) should be provided to the children. Audio-visual equipment may be provided where appropriate and feasible to stimulate age-appropriate learning and cognitive development.

3. The Indicative composition of Creche Administrative Committee is as follows – i) Créche Administrator – To be nominated by institution/organisation operating the créche ii) Créche supervisor iii) Parents/ Guardians (preferably 3) of beneficiary children

4. Duties of creche supervisor:

a. The creche Supervisor will be overall in charge of the créche.

b. Planning and implementing age-appropriate educational activities to foster holistic development of the children.

c. To maintain/monitor records of children’s attendance and other statutory records.

5. Services available at the creche facilities are as followed:

a. Parent/Guardian and Administration meeting

b. Engagement and training of creche workers

c. Health, Medicine and First Aid Kits

d. Record maintenance

5. An administrative committee should regulate safety standards at the creche

a. Verifying and controlling access to CCTV surveillance, as well as processes for dealing with visits and pickups.

b. Conduct community-based inspections at least once a quarter to verify the creche is child-friendly and meets basic requirements for facilities and systems.

Enclosed is the Notification copy for your reference to implement this in your organisation.



Legal Update : Karnataka Compulsory Gratuity Insurance Rules, 2024

Labour Laws

Karnataka Compulsory Gratuity Insurance Rules, 2024

Dear All,

The Government of Karnataka on January 10, 2024 released the Karnataka Compulsory Gratuity Insurance Rules, 2024.

Impacted Party(ies): It applies to every employer in Karnataka

Key Highlights:

(1) As per rule 3(1), every new employer shall subject to fulfillment of sub-section (2) of Section 4A of the Act, within a period of thirty days from the date on which these rules becomes applicable to such establishment shall obtain valid insurance policy in the manner as prescribed under sub-section (4) of Section 4A of the Act.

(2) As per rule 3(2), the employer of an establishment which is in existence at the time of commencement of these rules shall obtain a valid insurance policy within sixty days from the date of commencement of these rules.

(3) As per rule 3 (3) , the employer of the establishment who has obtained a valid insurance policy shall make all payments by way of premium to the insurance company and renew the same periodically and intimate the same to the Controlling Authority within fifteen days from the date of renewal of the policy. The employer shall initiate the process of payment of premium and renewal of policy before the lapse of the policy.

(4) As per rule 5, Every employer shall submit an application in Form-I to get his establishment registered with the Controlling Authority of the area or any other officer notified for this purpose by the State Government within thirty days from the date of obtaining insurance along with the list of its employees insured.

(5) As per rule 6, Every employer of an establishment who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement and every employer employing five hundred or more persons who establishes an approved gratuity fund may opt to continue or adopt such arrangement by submitting an application in Form II, provided such existing approved gratuity fund covers the entire liability of all the employees of the establishment under the provisions of the Act.

(6) As per rule 8, Every employer of the establishment to whom these rules apply shall take all measures to fulfill his obligations under the provisions of the Act.

For further details, request you to find the attached PDF for your reference.