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Government of West Bengal issues notifications permitting establishments to remain open 24×7 and grants exemptions relating to working hours
In a significant move to boost ease of doing business, the Government of West Bengal has issued 2 (two) notifications dated May 29, 2026 (“Notifications”) under Section 4(2)(a) of the West Bengal Shops and Establishments Act, 1963 (“West Bengal S&E Act”). The Notifications have been issued to regulate employment conditions in the shops and establishments which are registered under the West Bengal S&E Act. It permits registered establishments to operate 24×7 for 3 (three) years and also grants exemptions from statutory limits on working hours while embedding key employee welfare safeguards.
Establishments to remain open 24×7 for a period of three years
Establishments registered under the West Bengal S&E Act and establishments which engage 20 (twenty) or more person may now remain open on a 24×7 basis, every day of the year for a period of 3 (three) years from the date of publication of the notification in the official gazette i.e., May 29, 2026. Notwithstanding this, establishments are still required to comply with the provisions of the West Bengal S&E Act, related to 1 (one) hour of rest after working for 5 ½ (five and a half) hours per day.
Prescribed conditions for establishments operating on 24×7 basis
The Notifications prescribe certain conditions that establishments must comply with to operate on a 24×7 basis. The conditions inter alia include the following:
- Appointment of additional staff: In order for every employee to avail the weekly holiday as prescribed under the West Bengal S&E Act, every employer is required to appoint additional staff. Details of every employee are required to be displayed by the employer at a conspicuous place in the establishment.
- Issuance of an appointment letter: Employers are required to issue appointment letters to the employees along with furnishing a copy of the same to the relevant Inspector.
- Limit on overtime: An employee may work overtime only up to a maximum of 144 (one hundred and forty-four) hours in a quarter in a year.
- Exhibit details of employees on holiday: Employers are required to display details of the employees who are on holiday at a conspicuous place in the establishment on an everyday basis. Further, in cases wherein an employee is found working on a holiday or after the prescribed working hours, without necessary approval for overtime, the authorities may initiate penal action against the employer.
- Amenities and transportation: Employers must provide facilities such as adequate restroom, medical facilities, washroom safety and other basic amenities for their employees. Further, employers must provide for transportation arrangement for women employees working in shifts, along with a notice containing these details, displayed in the establishment.
- Internal committee: Employer engaging women employees must also constitute an internal committee, as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Exemptions from the limit on working hours
The Notifications exempt the shops and establishments registered under the West Bengal S&E Act from the application of the provisions under 7(2)(i) and 7(2)(ii) of the West Bengal S&E Act. These provisions refer to the limit on working hours, including overtime, which cannot exceed 10 (ten) hours every day and 120 (one hundred and twenty) hours every year. The Notifications permit this exemption, provided that the establishment complies with specified conditions.
Conditions for establishments for exemptions from the limit on the working hours
The Notifications prescribe certain conditions that establishments must comply with to claim exemption from the working hours limit under the West Bengal S&E Act. The conditions inter alia include the following:
- Working hours: Employers must ensure that a person does not work beyond 8 ½ (eight and a half) hours per day, or for more than 48 (forty-eight) hours per week or after the establishment gets closed for the day.
- Spread over: Maximum spread over (meaning the total number of working hours including overtime) of a person must not exceed 12 (twelve) hours in any day.
- Limit on overtime: There is a re-emphasis on the maximum ceiling of overtime hours, capped at 144 (one hundred and forty-four) hours per quarter.
Conclusion
The Notifications highlight the intention behind Government of West Bengal to promote a business-friendly environment within the State. The Notifications mark the larger initiative of creating a commercially conducive environment, while striking a balance with employee friendly provisions such as weekly working hours ceiling at 48 (forty-eight) hours, hiring of additional staff to avoid overburdening employees, protection of women employees, etc., among others.
Similar to West Bengal, other States like Maharashtra and Karnataka have also notified such notifications to support the business and commercial growth in the state, while parallelly preserving employee welfare provisions.
While the Notifications permit employees to work up to 8 ½ (eight and a half) hours per day, the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code“), prescribes a maximum working day of 8 (eight) hours for establishments employing 10 (ten) or more persons. This creates a potential inconsistency between the Notifications and the OSH Code. However, it seems that the Government of West Bengal has issued such Notifications, irrespective of the potential deviations from the OSH Code.
This Prism is prepared by:
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Sajai Singh |
Parvathy Manoj |
Akshita Sharma |
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