365 DAYS EXTENSIONS

REQUESTS OF SHOPS AND ESTABLISHMENTS KEPT OPEN ON ALL 365 DAYS AND EXTENSIONS

[Memo. No. 678/Lab. 11(1)/2004-1, dt. 22-3-2005]

Sub:- Andhra Pradesh Shops and Establishments Act, 1988 ¬Requests of Shops and Establishments keep open on all 365 days and extensions - Further Instructions - Issued.

Ref.:- 1. Govt. Memo. No. 751/Lab. II(l)/2004-1, dt. 26-10-2004.

         2. From the Commissioner of Labour, Hyderabad, Lr. No. IV 17927/2004, dt. 9-12-2004.

         3. From the Commissioner of Labour, Hyderabad, Lr.No. IV 17927104, dt. 4"3-2005.

In the reference first cited Government desired to constitute a committee for scrutiny and make specific recommendations on the requests made by the managements for grant of exemption from certain provisions of the Andhra Pradesh Shops and Establishments Act, 1988.

2. In the reference second cited, the Commissioner of Labour has stated that, the constitution of the proposed committee is not found to be feasible and requested the Government to consider the proposals as in the earlier cases in which cases the concerned Deputy Commissioners of Labour have obtained the consent of the employees for giving exemption by the Government and further there are no credible trade unions representing the shop employees.

3. In the reference third cited, the Commissioner of Labour has proposed that in order to grant exemptions to the Shops and Establishments, the Deputy Commissioners of Labour concerned may inspect and report on the following criteria instead of constituting a committee for the purpose:

(a) It is providing employment to atleast 50 people;

(b) Obtaining the consent of the employees of the concerned establishment by the Deputy Commissioner of Labour of the Zone.

4. Government after careful examination hereby prescribe the following procedure to be followed by the Commissioner of Labour on the applications received for exemptions to keep open for 365 days from the provisions of Andhra Pradesh Shops and Establishments Act, 1988 or for the renewal of exemption for further period, in supersession of the instructions issued to the reference first cited :

(1) The Commissioner of Labour has to direct the concerned Deputy Commissioner of Labour of the zone to submit the report on the application for exemption.

(2) The concerned Deputy Commissioner of Labour has to personally visit the said organization and not to depute any of his subordinate officers. (3) The Deputy Commissioner of Labour has to obtain the opinion " of the workers on the proposed exemption and also report the additional employment going to be created by the proposed exemption.

(4) The organization seeks exemption must have atleast 50 workmen or it must have minimum four branches.

(5) The employer seeking the exemption has to submit a written undertaking to abide by the conditions stipulated by the Government.

(6) In case of renewal of the exemption, apart from the above items, the concerned Deputy Commissioner of Labour has also to submit report on the compliance of the conditions by the employer during the period of exemption.

(7) The period of exemption to be 2 (two) years.

(8) Daily working hours of the employee shall be 8 (eight) hours, weekly 48 (forty eight) hours, and the spread over on any day should not be more than 12 hours, under Section 9 of A.P. Shops and Establishments Act, 1988.

(9) Every employee shall be given a compensatory holiday in lieu of notified holidays with wages under proviso (1) of sub-section (2) of Section 31 of the A.P. Shops and Establishments Act.

(10) The management shall provide necessary transport in case the , workers are continued beyond 8.30 pm.

(11) Every employee shall be paid wages for over time work under Section 37 of the A.P. Shops and Establishments Act, 1988 in case they are working beyond 8 hours.

(12) The employees in the shop shall be provided with Identity Cards. (13) Every employee shall be given a weekly off by turn and a time table of such holidays shall be put on the last day of every month in the notice board to the employee under Section 12(1) of the A.P. Shops and Establishments Act, 1988.

(14) The working hours of the shop shall be from 10.00 am to 10.00 pm under Section 7 of the A.P. Shops and Establishments Act, 1988. (15) If Government finds necessary, the exemption granted will be cancelled at any time.

(15) if Government finds necessary, the exemtion granted will be cancelled at any time.