The Government of Tripura on September 30th 2024 issued Memorandum – Cabinet approval for the proposal to allow women to work 24×7 under Tripura Shops and Establishments Act, 1970.
The Tripura Shops and Establishments Act, originally enacted in 1970, has served as a crucial framework for regulating the conditions of service for employees in various shops and establishments across the state.
Historical Context
Since its inception, the Tripura Shops and Establishments Act has undergone five significant amendments, namely:
- Tripura Shops and Establishments (Amendment) Act, 1982
- Tripura Shops and Establishments (Amendment) Act, 1988
- Tripura Shops and Establishments (Third Amendment) Act, 2000
- Tripura Shops and Establishments (Fourth Amendment), 2018
- Tripura Shops and Establishments (Fifth Amendment) Act, 2021
These amendments aimed to refine various aspects of the act, including registration processes, daily working hours, rest intervals, overtime wages, and employee rights.
Current Challenges
The existing framework allows shop proprietors to operate their businesses throughout the week, with the stipulation that employees receive one full day and a half-day of rest. While this arrangement has served its purpose, it has also been criticized for causing inconvenience to customers and hindering business operations.
One significant restriction is the current prohibition on women working beyond specific hours, as outlined in Sections 10(a) and (b) of the act. This limitation not only affects the employment opportunities for women but also restricts the operational flexibility for businesses.
Sections 10 (a) and (b) state :
no woman shall be allowed or permitted to work- (a) in any establishment for public entertainment or amusement other than a cinema or a theatre, after six o’clock post meridiem, (b) in any shop or commercial establishment, after eight o’clock post meridiem.
The Proposed Amendment
In light of these challenges, the government has put forward the Tripura Shops and Establishments (Sixth Amendment) Bill 2024. The primary objective of this amendment is to modernize the act, particularly in relation to women’s employment. The proposed changes aim to:
- Permit Night Shifts for Women: The amendment seeks to allow women to work in shops and establishments during night shifts, breaking down barriers that limit their participation in the workforce.
- Enhance Business Operations: By permitting longer working hours, businesses can better cater to customer needs and adapt to market demands without compromising employee rights.
- Maintain Employee Protections: The amendment is designed to ensure that the rightful privileges of female employees are not violated, thereby promoting a balanced approach to work-life integration.
Financial Considerations
A noteworthy aspect of the proposed amendment is its financial implications. The government has stated that there will be no financial liability incurred by the public exchequer. Instead, all costs related to the implementation of these amendments will be borne by the employers.
The memorandum submitted to the Council of Ministers seeks their approval for the proposed amendment. The Chief Minister has already consented to present the matter before the Council, indicating a governmental commitment to moving forward with these necessary changes.
