Exemption from Section 11 of the Tamil Nadu Shops and Establishments Act
Please let me know under the Tamil Nadu Shops and Establishments Act (Section 11 - Closing of Shops and Grant of Holiday). My question is, can we get an exemption from this Section 11? If it is possible, what is the procedure for obtaining an exemption?
From India, Coimbatore
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46Please let me know under the Tamil Nadu Shops and Establishments Act (Section 11 - Closing of Shops and Grant of Holiday). My question is, can we get an exemption from this Section 11? If it is possible, what is the procedure for obtaining an exemption?
From India, Coimbatore
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In order to get an exemption from sections like the closing of shops at a certain time (at night) or prohibiting business after a certain time at night and keeping the shop closed for one day of 24 hours in a week, you have to establish to the satisfaction of the appropriate authorities that keeping the shop open after a certain time at night or on all the days in a week is very important. Failing to do so will result in the public suffering.
For example, hotels have been granted exemptions from closing for a day in the week and are given extensions in the time of closing for the day. These exemptions are granted considering the public who depend on hotels. Similarly, BPOs and IT companies that work for foreign countries according to their timings are also given flexible timing.
In all these cases, what is crucial is that by permitting a firm to work on all the days in a week or extending the closing of the shop, no employee should be denied their weekly off, and no employee should work beyond 8 hours or 10 hours and 30 minutes, including intervals of rest. If you can ensure that employees will be given a rolling weekly off, employed in shifts, and convince the authorities that your operation 24/7 is vital for the public, then you will receive the exemptions.
Regards, Madhu.T.K
From India, Kannur
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For example, hotels have been granted exemptions from closing for a day in the week and are given extensions in the time of closing for the day. These exemptions are granted considering the public who depend on hotels. Similarly, BPOs and IT companies that work for foreign countries according to their timings are also given flexible timing.
In all these cases, what is crucial is that by permitting a firm to work on all the days in a week or extending the closing of the shop, no employee should be denied their weekly off, and no employee should work beyond 8 hours or 10 hours and 30 minutes, including intervals of rest. If you can ensure that employees will be given a rolling weekly off, employed in shifts, and convince the authorities that your operation 24/7 is vital for the public, then you will receive the exemptions.
Regards, Madhu.T.K
From India, Kannur
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Tamil-nadu-shop s-and-establish ments-act-1947. pdf