On January 3, 2025, the Labour Department of Delhi issued an important notification regarding updates to Schedule-1 of the Delhi Shops and Establishment Act, 1954.
The notification introduces four new establishments to the Schedule, granting them certain exemptions under Section 16 of the Act.
These exemptions come with specific conditions, including those related to working hours, employee benefits, safety measures, and wage payments.
New Establishments Added to Schedule-1:
The following establishments have been added to the Schedule, enabling them to avail of these exemptions:
Aditya Birla Fashion And Retail Limited (Regn. No. 2024004036)
Address: Allen Solly, WW E -20/B, Ground Floor, Veer Savarkar Road, Lajpat Nagar II, New Delhi, 110024
Aditya Birla Fashion And Retail Limited (Regn. No. 2024038798)
Address: Peter England Showroom, E-23C, Central Market, Lajpat Nagar, New Delhi, 110024
Indivinity Clothing Retail Private Limited (Regn. No. 2024108148)
Address: Tasva, Shop No. 6/9 WEA, Ajmal Khan Road, Karol Bagh Market, New Delhi, 110005
TCNS Clothing Co Limited (Regn. No. 2024132029)
Address: Shop No. 22, Domestic Departure SHA Terminal 1, IGI Airport, New Delhi, 110037
Exemptions and Conditions Under Section 16:
Under Section 16 of the Delhi Shops and Establishment Act, 1954, these businesses are now eligible for certain exemptions, but they must comply with the following conditions to ensure fair treatment of employees:
Working Hours and Overtime:
- Employees cannot work for more than 9 hours a day (including meal and rest periods) or 48 hours a week.
- Employees should not work for more than 5 continuous hours at a stretch.
- Overtime pay will be at double the normal rate, as outlined in the Act.
Biometric and Record Maintenance:
- Employers must maintain biometric records and preserve them as per the duration outlined in the Act.
Shift Work and Employee Welfare:
- If shift work is implemented, employees must not be forced into night shifts.
- Employers must ensure safety, security, and transportation for employees working overtime or during shifts beyond normal hours.
- CCTV cameras must be installed for security, with footage to be preserved for a minimum of six months.
Compensatory Leave and Wages:
- Employees working on national holidays are entitled to compensatory leave and double wages.
- Employees will be given rotational weekly off days.
- Legal benefits such as Minimum Wages, Provident Fund (PF), Employees’ State Insurance (ESI), Bonus, and Leave facilities must be provided to workers, and details should be posted on the establishment’s website.
- Wages should be paid via cheque or Electronic Clearing Service (ECS).
No Override of Other Regulations:
- The exemptions granted to these establishments do not override any other government regulations, advisories, or orders issued by relevant authorities, including the Police.
Display of Notification:
- A copy of this notification must be prominently displayed at the employee entrance/exit of the establishment.
Impact of the New Regulations:
These updates provide businesses with greater flexibility while ensuring that employee rights and welfare are not compromised. Employers in these establishments are expected to create safer, more transparent workplaces where employees can benefit from legal protections such as overtime pay, compensatory leave, and other critical benefits.
The new additions to the Delhi Shops and Establishment Act, 1954 represent a step towards streamlining working conditions while promoting compliance with worker protection laws in the retail and clothing industries in Delhi.
