GUJARAT SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2019.:
- Act: The notification is issued under the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (Guj. 4 of 2019).
- Subject: Exemption from certain provisions for specific types of establishments.
- Effective Period: The exemption is valid for a period of two years from the date of the notification’s issuance.
Specific Exemptions:
- Sections Exempted: Sections 12 and 14 of the Gujarat Shops and Establishments Act are exempted.
- Applicable Establishments: The exemption applies to establishments involved in IT-related services, IT-enabled services, and financial services.
Details of Exemption:
Section 12: Fixing of hours of work
- No worker shall work for more than nine hours in any day and forty-eight hours in a week.
- Continuous work for more than five hours requires a break of not less than half an hour.
- Working hours or weekly holiday may be relaxed with the Inspector’s previous permission in cases of urgent work.
Section 14: Spread over of hours of work
The spread-over of a worker in any shop or establishment shall not exceed ten and a half hours in any day. For workers engaged in intermittent or urgent work, the spread-over shall not exceed twelve hours.
Purpose of Exemption:
The exemption is likely aimed at providing regulatory relief or flexibility to IT-related services, IT-enabled services, and financial services establishments. These sectors often have unique operational requirements and may not align perfectly with the standard provisions of the Shops and Establishments Act.
Administrative Authority:
The notification is issued from the Sachivalaya, Gandhinagar, indicating that it comes from the administrative headquarters of the Gujarat state government.
Issuing Authority:
The notification is signed by Gagubha Raj, Deputy Secretary to Government, indicating that it is issued on behalf of the Governor of Gujarat.
Implications:
- Compliance: Establishments falling under the specified sectors must ensure compliance with other provisions of the Gujarat Shops and Establishments Act, apart from sections 12 and 14.
- Duration: The exemption is valid for two years from the date of notification, after which the provisions of sections 12 and 14 will become applicable unless extended or revised through further notifications.
This detailed analysis helps to understand the specifics and implications of the notification issued by the Gujarat Government regarding exemptions for certain types of establishments under the Gujarat Shops and Establishments Act.
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