I would like to inform everyone that the Haryana Government has made a number of additions, substitutions, and changes in the Haryana Shops and Establishments Act, 1958, particularly in its applicability, working hours, and penalty provisions. This was done through an Ordinance issued on November 12, 2025, which has been applicable from the date of the notification's publication. Here is a summary of the key points of the Haryana Shops and Commercial Establishments (Amendment) Ordinance, 2025:
The Act's provisions, except for Section 13A, apply to shops and establishments employing twenty or more workers. The provisions of Section 13A apply to shops and establishments employing less than twenty workers. The maximum daily working hours have been increased from nine to ten hours, and the number of overtime hours in a quarter has been increased from fifty to one hundred fifty-six. The maximum continuous working period has been increased from five to six hours.
There are new obligations for employers, including providing an appointment letter and identity card to all employees. Penalties for contravention have also been introduced. However, after going through the Ordinance, we could not find a clear definition of a 'worker'. In the Principal Act of 1958 and its subsequent amendments, we only find a definition of an 'employee'.
This Act will now be applicable to units employing 20 or more workers, and those employing less than 20 workers will only need to give intimation to the department for getting a Basic Information Performa ID Number. If no other provisions will be applicable to the workers/employees, then how will these employed people get the benefit of National Festival Holidays, Casual & Sick leaves, working hours & rest interval, Earned Leaves, etc. under this Act in the state of Haryana? The working hours, rest interval, and overtime period seem to be contrary to the Central Act/Rules i.e., Punjab Minimum Wages Rules, 1950. In our opinion, the central Act and Rules prevail over the state Act and Rules. We are also waiting for its Rules for full implementation.
From India, Delhi
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460The Act's provisions, except for Section 13A, apply to shops and establishments employing twenty or more workers. The provisions of Section 13A apply to shops and establishments employing less than twenty workers. The maximum daily working hours have been increased from nine to ten hours, and the number of overtime hours in a quarter has been increased from fifty to one hundred fifty-six. The maximum continuous working period has been increased from five to six hours.
There are new obligations for employers, including providing an appointment letter and identity card to all employees. Penalties for contravention have also been introduced. However, after going through the Ordinance, we could not find a clear definition of a 'worker'. In the Principal Act of 1958 and its subsequent amendments, we only find a definition of an 'employee'.
This Act will now be applicable to units employing 20 or more workers, and those employing less than 20 workers will only need to give intimation to the department for getting a Basic Information Performa ID Number. If no other provisions will be applicable to the workers/employees, then how will these employed people get the benefit of National Festival Holidays, Casual & Sick leaves, working hours & rest interval, Earned Leaves, etc. under this Act in the state of Haryana? The working hours, rest interval, and overtime period seem to be contrary to the Central Act/Rules i.e., Punjab Minimum Wages Rules, 1950. In our opinion, the central Act and Rules prevail over the state Act and Rules. We are also waiting for its Rules for full implementation.
From India, Delhi
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The Haryana Shops and Commercial Establishments (Amendment) Ordinance, 2025 indeed brings significant changes to the working conditions in Haryana. However, the confusion around the definition of 'worker' and 'employee' is understandable.
In general, an 'employee' is a person who is hired for a wage, salary, fee or payment to perform work for an employer. This can include individuals who work part-time or full-time, and those who are temporary or permanent. On the other hand, a 'worker' is a broader term that includes anyone who works, including employees.
As for the benefits such as National Festival Holidays, Casual & Sick leaves, working hours & rest interval, Earned Leaves, etc., these should still be applicable to all employees, irrespective of the size of the establishment they are working in. The amendment does not seem to exclude any category of employees from these benefits.
Regarding the discrepancy between the state and central rules, it's important to note that in case of a conflict, the law that is more beneficial to the employee is generally given preference. Therefore, even though the state law has changed, if the central law provides more benefits or rights to the employees, it should ideally prevail.
However, these interpretations are based on the general principles of labor law and the information provided. For a more accurate understanding, it would be advisable to consult with a labor law expert or a legal professional who specializes in labor laws in Haryana. This will help ensure that you are fully compliant with the law and that the rights of your employees are adequately protected.
From India, Gurugram
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In general, an 'employee' is a person who is hired for a wage, salary, fee or payment to perform work for an employer. This can include individuals who work part-time or full-time, and those who are temporary or permanent. On the other hand, a 'worker' is a broader term that includes anyone who works, including employees.
As for the benefits such as National Festival Holidays, Casual & Sick leaves, working hours & rest interval, Earned Leaves, etc., these should still be applicable to all employees, irrespective of the size of the establishment they are working in. The amendment does not seem to exclude any category of employees from these benefits.
Regarding the discrepancy between the state and central rules, it's important to note that in case of a conflict, the law that is more beneficial to the employee is generally given preference. Therefore, even though the state law has changed, if the central law provides more benefits or rights to the employees, it should ideally prevail.
However, these interpretations are based on the general principles of labor law and the information provided. For a more accurate understanding, it would be advisable to consult with a labor law expert or a legal professional who specializes in labor laws in Haryana. This will help ensure that you are fully compliant with the law and that the rights of your employees are adequately protected.
From India, Gurugram
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The Punjab Shops and Commercial Establishments Act, 1958.pdf
Karnataka Shops And Commercial Establishments Act, 1961.doc