Exemption For IT, ITES Establishment From Certain Provisions Under Telangana Shops And Establishments Act,1988

GOVERNMENT OF TELANGANA
ABSTRACT 

Telangana Shops and Establishments Act, 1988 (Act No.20 of 1988) – Exemption from the provisions of sections 15, 16, 21, 23 and 31 of the Telangana Shops and Establishments Act, 1988 all Information Technology Enabled Services (ITES) and Information Technology Establishments in Telangana State for a period of five (5) years – Notification – Orders – Issued. ------------------------------------------------------------------------------------------------------------- LABOUR EMPLOYMENT TRAINING & FACTORIES (LABOUR) DEPARTMENT

G.O.Ms.No. 25 Dated: 25-07-2019
Read the following:- 

1. G.O.Ms.No.22, LET&F (Lab-IV) Department, Dated: 21.06.2013. 2. From the Commissioner of Labour, Telangana, Hyderabad, Lr.No.H2/3713/2017, Dated: 11.09.2018, Dated: 26.10.2018 and 17.11.2018.

***** ORDER: 

In the G.O. 1st read above, Government have issued orders exempting all Information Technology Enabled Services (ITES) and Information Technology Establishments in the combined State of Andhra Pradesh from the provisions of sections 15, 16, 21, 23, 31 and in respect of section 47 (1) (2) (3) and (4) of the Andhra Pradesh Shops and Establishments Act, 1988 (Act No.20 of 1988) for a further period of five (5) years w.e.f. 30.05.2013. 

2. In the circumstances reported by the Commissioner of Labour, Telangana, Hyderabad in the letter 2nd read above, Government after careful examination of the matter hereby decided to exempt all Information Technology Enabled Services (ITES) and Information Technology Establishments in Telangana State from the provisions of sections 15, 16, 21, 23 and 31 of the Telangana Shops and Establishments Act, 1988 for a period of five (5) years w.e.f. 30.05.2018, subject to certain conditions. 

3. Accordingly, the following notification shall be published in the Telangana Gazette Dated: 27.07.2019:

NOTIFICATION

In exercise of the powers conferred by sub-section (4) of section 73 of the Telangana Shops and Establishments Act, 1988 (Act No.20 of 1988), the Government of Telangana hereby exempts all Information Technology Enabled Services (ITES) and Information Technology Establishments in Telangana State from the provisions of sections 15, 16, 21, 23 and 31 of the Telangana Shops and Establishments Act, 1988 for a period of five (5) years w.e.f. 30.05.2018, subject to the following conditions:

(a) Weekly working hours for an employee shall be 48 hours. For the work done beyond 48 hours, employee is entitled for overtime wages. 

(b) Every employee shall be given a weekly off. 

(c) The management is permitted to engage young and women employees during the night shift subject to provision of adequate security during the course of employment and to and fro transport from their respective residences. 

(d) Every employee shall be provided with identity cards and all other welfare measures to which they are eligible as per the rules in force.

(e) Every employee shall be given a compensatory holiday in lieu of notified holidays, with wages under the provision to sub-section (2) of section 31 of the Telangana Shops and Establishments Act 1988 if they work on notified holidays. 

(f) The companies shall obtain Bio-data of each driver and conduct pre employment screening of the antecedents of all drivers employed on their own or through outsourcing. The details such as driving license, photographs, address, telephone No/Mobile No. etc. of drivers shall be available with the respective companies.

(g) The schedule and route of the pickup and drop shall be decided by the supervisory officer of the company on every Monday (if Monday is holiday the next working day in a week). In case of exigencies change of drivers/routes/shifts shall be allowed only with the prior knowledge of supervisory officers/employees. 

(h) The telephone number particularly mobile phone numbers and addresses of the women employee shall not be disclosed to unauthorized persons. 

(i) Careful selection of routes shall be made in such a way that no women employees shall be picked up first and dropped last. 

(j) It is desirable that the company shall provide security guards for night shift vehicles with GPRS facilities. 

(k) The designated supervisors of the company shall randomly check the vehicle on various routes.

(l) Company shall have a control room/ travel desk for monitoring vehicle movements; and 

(m) The exemption granted in these orders may be revoked at any time without any prior notice. 

(n) The time after / before which security should be provided to women employees for cab drop offs / pickups should be specified. Suggested as before 6 am and after 8 pm. 

(o) General exemption from maintenance of various statutory registers in hard copies and recognition of soft copy of Registers as sufficient compliance. 

(p) If the above conditions are violated, the exemption orders issued to the company shall be revoked by the Government at any time without prior notice. 

(q) The conditions stipulated above shall not be detrimental to the employees working in the said establishments. 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA) 

Dr. SHASHANK GOEL, PRINCIPAL SECRETARY TO GOVERNMENT

To 

The Commissioner of Printing, 

Stationery and Stores Purchases,

Hyderabad (with a request to publish the notification in an extraordinary issue of Telangana Gazette and supply 50 copies to the Commissioner of Labour, Telangana, Hyderabad and 10 copies to Government) The Commissioner of Labour, Telangana, Hyderabad

Copy to: The P.S. to Special Secretary to Chief Minister The O.S.D. to Minister (Labour & WCD) The ITE&C Department The Law (F) Department SC

// FORWARDED :: BY ORDER // 

SECTION OFFICER