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

Categories
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.

 

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

Categories
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.

 

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