Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST, SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF

Notwithstanding anything contained in this Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period.

Subject to the other provisions of the Act, no adult worker shall be required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour: Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator.

1. (1) No woman worker shall be discriminated in the matter of recruitment, training, transfers or promotion or wages.
2. (2) No woman worker shall be required or allowed in work in any establishment except between the hours of 7-00 a.m and 9-30 p.m. : Provided that, the woman worker with her consent, shall be allowed to work during 9-30 p.m and 7-00 a.m in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor.
3. (3) Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9-30 p.m and before 7-00 a.m. in such shops, establishments, hotel, restaurants, residential hotels, permit rooms, bar, spa-massage parlours, lodges or any business or any trade or occupation in such area or areas as it may deem fit.

The spread-over of a worker in establishment shall not exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed twelve hours.

Where a worker in any establishment is required to work beyond nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty- five hours in a period of three months.

1. (1) (a) A department or any section of a department of the establishment may work in more than one shift at the discretion of the employer and if more than one shift is worked, the worker may be required to work in any shift at the discretion of the employer.
   • (b) An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty-four consecutive hours of rest.
   • (c) If a worker is denied weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday.
   • (d) The period and hours of work in a week for all classes of workers in such shift shall be informed well in advance to all workers in writing and shall be sent to the Facilitator electronically or otherwise.
   • (e) Where a worker is required to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages.
2. (2) No deduction shall be made from the wages of any worker in an establishment on account of any day on which it has been a weekly holiday under this section. If a worker is employed on a daily wage, he shall nonetheless be paid his daily wage for the day of his weekly off. If a worker is paid a piece rated wage, he shall nonetheless be paid his wage for the day of his weekly holiday, at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such holiday, exclusive of any earning in respect of overtime: Provident that, nothing in this sub-section shall apply to any worker whose total period of continuous employment is less than six days.

The employer of an establishment shall furnish to every worker an identity card which shall be produced by the worker on demand by Facilitator. Such card shall contain the following and such other particulars as may be prescribed, namely:-

1. (a) the name of the employer ;
2. (b) the name, if any, and the postal address, of the establishment ;
3. (c) the name and age of the worker ;
4. (d) date of joining, department, nature of work, designation ;
5. (e) the signature (with date) of the employer or manager ;
6. (f) Blood Group ; (g)1* * *