Rehana sayed
Dear professionals, I am seeking your assistance regarding the prohibition of women's late-night working hours as we have retail outlets in UP. We come under the shop and establishment act. Kindly suggest the best.
From India, Kanpur
Rehana Sayed
Sr. Generalist Hr

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From India, Faridabad

Under U.P. Shop Act 1962, women can be employed till 7 P.M. However, vide notification No. 173/XXXVI-3-2006 dated 20/01/2006, the state government has relaxed working of women till 11 P.M. with certain conditions.

From India, Faridabad


The notification is reproduced as follows :-

Uttar Pradesh Extraordinary Gazette, 20 January 2006

No. 173/XXXVI-3-2006

Dated Lucknow, January 20, 2006

In exercise of the powers under sub-section (3) of section 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 (U.P. Act no. XXVI of 1962), the Governor is pleased to exempt in public interest such shops and commercial establishment which are situated in the area of Nagar Nigam or Nagar Parishad and are not related to manufacturing process, from the operation of provisions of section 5, 8 and 22 of the said Adhiniyam read with rule 2(c) and rule 3 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Niyamavali, 1963 with effect from the date of publication of this notification in the Gazette, in respect of man/woman working in the said establishment subject to the following conditions :-

1. If a District Magistrate finds that he is unable to implement the aforesaid order due to law and order problem or non-availability of electricity, in such a condition, the District Magistrate shall send the relevant proposal of not implementing the above order to the state government for their appropriate decision.

2. If otherwise not exempted from provisions of this Act the concerned establishment shall not remain open after 11 p.m.

3. Employers who open their shops and commercial establishments beyond the prescribed time under the U.P. Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 read with Uttar Pradesh Dookan Aur Vanijya Adhishthan Niyamavali, 1963 in such case, he shall pay the additional 50% fee prescribed for Registration or Renewal.

4. Overtime wages will be paid to eligible worker which will be double of ordinary rates prescribed in Section 6 of the said Act.

5. If a worker has worked in one shift he will not be forced to do the work in the evening shift continuously or to do the work in two shifts in continuation.

6. If the establishment remains open on all the seven days in a week, then the workers will be given weekly holiday by rotation and employer shall exhibit it in Form C as prescribed in Rule 9 of the said Niyamavali.

7. The workers working on any national holiday will be entitled to get compensatory leave besides overtime wages.

8. No worker shall be required to work in a day more than eight hours and not more than 48 hours in any week.

9. The employers shall comply with all the provisions of the Act until and unless the employer is otherwise exempted.

10. The conditions set out in section 22 of said Act, in respect of employment of a woman worker, shall be subject to the following conditions :-

A. A woman worker may be allowed to work between 7 p.m. and 11 p.m. with her express consent given in writing. No woman worker shall be forced to work without her consent.

B. If a woman worker is called for work any time between 7 p.m. and 11 p.m. the employer shall make necessary arrangements on his account for her transport from her residence to working place and back.

C. No woman worker who declines to work between 7 p.m. and 11 p.m. shall be removed from employment only on this account.

D. The employer shall provide necessary facilities of mid day and mid night food and refreshment to all such worker as per requirement.

E. Before calling any woman worker to work between 7 p.m. and 11 p.m. in night, the employer having met the aforesaid condition, will submit the prior information regarding proposed system to the authorized local inspector declared under the said Act through affidavit.

F. In case of violation of any of the above conditions by the employer, the exemption provided to such employer shall be treated to be cancelled automatically.

11. The employer shall be responsible for compliance of aforesaid conditions upon which the exemptions have been given and if violation of any such condition comes to knowledge, then such exemptions shall be treated to be cancelled automatically. The Government shall take appropriate actions under the provisions of the Act against such employer.

From India, Faridabad
Rehana sayed
I appreciate your suggestions Sir!
From India, Kanpur

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