Relaxations for IT/ITES from conditions on working hours

The Government of Uttar Pradesh, vide notification no. 1866/XXXVI-03-2024-1844430, dated 26^th September 2024, has exempted IT/ITES from the provisions of sections 6 and 7 of the Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1962 (UP Shops and Commercial Establishments Act, 1962), for a period of two years, subject to certain conditions.

Sections 6 and 7 of the above enactment speak about the maximum working hours allowed for an employee per day and per quarter. The said exemption is subject to the following conditions:

1. No employer shall require or allow an employee to work on any day for more than six hours – in the case of a young person (age between 14 years to 18 years); and twelve hours in the case of any other employee (including rest interval).
2. The working hours shall be so arranged that each employee gets an interval of not less than half an hour for rest after not more than five hours of continuous work, and the periods of work and intervals of rest of an employee do not spread over more than twelve hours in one day.
3. If any employee works for more than 48 hours in a week, then the excess work post 48 hours in that week will be called overtime, and he shall be entitled to overtime wages.
4. The total number of hours of overtime work shall not exceed 125 hours in any quarter.
5. Every employee shall be given a weekly off.
6. If any employee works on a public holiday, he/she shall be given a compensatory holiday.
7. Adequate security and transport arrangements shall be made by the employer for women employees during night shifts.