KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT)

KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) ORDINANCE,2018.

The Governor of Kerala is pleased to promulgate few ordinances as per the notification released on 4th day of October’2018.This ordinance may be called the Kerala Shops and Commercial Establishments (Amendment Ordinance),2018. It shall come into force from the immediate effect.

The edicts announced are cited below

  1. Amendment of Section 2: – The definition of “Employee” is substituted as“Employee” means a person wholly or principally employed in and in connection with any establishment and includes and apprentice or any class of persons as the Government may by notification in the Gazette declare to be an employee for this Act.
  2. Substitution of new section for Section 11: – Grant of weekly Holidays- Every person employed in a shop or a commercial establishment shall be allowed in each week a holiday of one whole day.
  3. Amendment of Section 20: –There is no prohibition on engagement of women employees during the period 9 P.M to6 A.M, provided the below terms & conditions are followed
  • The consent of women employee shall be obtained
  • Womens are employed in these hours in groups consisting of at least five employees and having minimum two female employees
  • Adequate protection is being given to safeguard the dignity, honour and safety
  • Protection from Sexual harassment
  • Transportation facility is provided from the establishment to their residence.
  1. Insertion of new Section 21 B: -In every shop and establishment suitable arrangements for sitting shall be provided for all workers during their work time.
  1. Amendment of Section 29: –The amount of fine and penalty for contravention of any of the provision has been substituted as per the Notification.
  2. Amendment of Section 30: –

The registers and records may be maintained electronically in the form and manner prescribed and at the time of inspection a hardcopy of the records shall be submitted to the Inspector.

Click here download to notification1

Click here download to notification2