By Anuradha Gandhi and Isha Sharma
Introduction
In a progressive move aimed at promoting business flexibility, the Government of Tamil Nadu had officially permitted all shops and establishments across the state to operate on a 24×7 basis for an additional period of three years with effect from June 05, 2025 under the Tamil Nadu Shops and Establishment Act.
This announcements comes through a notification issued by the Labour Welfare and Skill Development Department, Notification No. II(2)LWSD/441(a)2025, dated May 08, 2025.[1]
Key Conditions
However, this relaxation is subject to strict compliance with several important conditions to safeguard employee rights and ensure workplace safety and welfare.
The key conditions outlined in the notification include:
- Weekly Off: Every employee shall be given one day holiday in a week on rotation basis, and the details of the same shall be exhibited by the employer in a conspicuous place in the establishments.
- Transparency: Every employer shall exhibit details of the employees who are on holiday / leave, on daily basis, in a conspicuous place in the establishments.
- Details of Employees on Holiday/Leave Every employer shall exhibit details of the employees who are on holiday/leave on daily basis in a conspicuous place in the establishments.
- Overtime Wages: The wages including overtime wages of the employees shall be credited to their savings bank account.
- Fixed Working Hours: An employer shall not require or allow any person employed to work therein for more than eight hours in any day and forty eight hours in any week and the period of work including over time shall not exceed ten and a half hours in any day and fifty seven hours in a week.
- Penal Action: If employees are found working on any holiday or after normal duty hours without proper indent of overtime, penal action will be initiated against the employer/manager as laid down in the Tamil Nadu Shops and Establishments Act, 1947 and Tamil Nadu Shops and Establishments Rules, 1948.
- Women Employees-Night Shift Regulation:
- Women employees shall not be required to work beyond 8:00 P.M. on any day in normal circumstances.
- Provided the employer after obtaining consent of the women employees may allow them to work between 08:00 P.M. and 06:00 A.M. subject to providing adequate protection of their dignity, honour and safety.
- Additionally, transport arrangements shall be provided to the women employees who work in shifts.
- A notice to this effect shall be exhibited at the main entrance of the establishment indicating the availability of transport.
- Basic Amenities: The employees shall be provided with restroom, wash room, safety lockers and other basic amenities.
- Compliance with POSH Law: Every employer employing women employees shall constitute Internal Committee against sexual harassment of women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the POSH Act and the said Committee shall be operative.
The above said terms and conditions shall be implemented in addition to those provisions provided specified in the Tamil Nadu Shops and Establishments Act, 1947 and Tamil Nadu Shops and Establishments Rules, 1948.
Strict Penalty for Non-Compliance:
In case of violation of any statutory provision or any of the above terms and conditions noticed by the Inspector or otherwise, necessary penal action will be initiated against the Employer/Manager as laid down in the Tamil Nadu Shops and Establishments Act, 1947 and Tamil Nadu Shops and Establishments Rules, 1948.
This notification underscores the Government’s commitment to both facilitating ease of doing business and maintaining employee welfare standards.
[1] https://www.stationeryprinting.tn.gov.in/extraordinary/2025/214_Ex_II_2_2025.pdf