
Background
The Punjab Shops and Commercial Establishments Act, 1958, along with the applicable Punjab Shops and Commercial Establishments Rules, 1958 in Haryana, regulate registration, working conditions, and compliance requirements for establishments, including application for registration in prescribed forms and maintenance of records.
Notifications and amendments issued during 2025–2026 have revised procedural and operational requirements, including registration processes, timelines, and documentation and women working conditions. These changes aim to streamline compliance, introduce simplified and digital processes, and align regulatory requirements with current labour administration practices in the State.
Applicability
The provisions apply to all shops and commercial establishments operating within the States of Punjab and Haryana, as defined under the Punjab Shops and Commercial Establishments Act, 1958 and the respective State rules.
Pursuant to Haryana Shops and Commercial Establishments (Amendment) Act, 2025, the Act adopts a threshold-based applicability, wherein:
Compliance Requirement under the Act in accordance with the Rules
Establishments with 20 or more than 20 workers must apply online for registration within 30 days of commencement of business in the said establishment submit an application online in such form, together with such fee and documents, as may be prescribed, containing-
(a) the name of the employer and the manager, if any;
(b) postal address along with GPS location of the establishment;
(c) name of the establishment;
(d) number of persons employed in the establishment;
(e) nature of the business of an establishment; and
(f) such other particulars, as may be prescribed.
(1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night except establishment which is engaged in the treatment or care of the sick, the infirm, the destitute or the mentally unfit.
(2) No employer shall employ a woman during six weeks following the day of her confinement or miscarriage
Women can be employed during night shifts i.e. from 08:00 PM to 06:00 AM if employer makes an application for grant of exemption U/s 28. Exemption granted in compliance with Rule 15(2)
Conditions for Employing Women in Night Shift:
1.No application for grant of exemption shall be entertained unless received online within two weeks prior to the date of commencement of the period in respect of which the exemption is prayed for. The exemption in notification will be done in auto mode; on the basis of self-certification.
2. Such exemption shall be valid for one year from the date of order of exemption; if there is any change of security, transportation agreement and other details of employer/director/manager, the same is to be intimated online.
3. The provisions of the Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), as applicable to the establishment, shall be complied with.
4. The employer shall take a declaration that they have obtained consent from each woman employee to work during night shift 08:00 PM to 06:00 AM., and submit it to authorities when it is asked.
5. The employer shall provide Closed Circuit Television (CCTV) videography and proper lighting not only inside the shop/establishment but also surrounding of the shop/establishment and to all places where the female employees may move out of necessity in the course of such shift.
6. Sufficient security guards shall be provided during the night shift.
7. Transport & Safety:
(a) The establishment shall provide transport facilities from the residence of the woman employee to the workplace and back, free of cost and with adequate security. Such transport facility shall have GPS for tracking and monitoring;
(b) The Schedule of route of pick-up and drop shall be decided by the supervisory officer of the Establishment only;
(c) In case of exigencies, change of drivers/routes/shifts shall be allowed only with the prior knowledge of supervisory officers/employees;
(d) The personal details, particularly mobile phone numbers, email ID and address of the women employees shall not be disclosed to unauthorized persons;
(e) Careful selection of routes shall be made in such a way that no women employees shall be picked up first and dropped last;
(f) The employer shall provide back ground verified security guards at work place and night shift vehicles when women employees are being picked up first or dropped last;
(g) The establishment shall have a control room/travel desk for monitoring movement of vehicles;
Provided that a women worker may opt out of transportation facility by giving her consent if he is willing to come to workplace by herself.
Provided further that the employer may pool the transportation facility by tie-up with the external transporters.
8.The employer or manager shall see that the women workers are employed in a batch of not less than four. However, in IT, ITeS sector quorum may be relaxed for any women in senior position (earning more than one lakh rupees per month) when she give consent to work in night.
9. The employer shall, ensure adequate medical facility through tie-up with the nearby hospital to meet any emergent situation during the night shift. The important telephone numbers such as hospitals, ambulance,Police etc. shall also be displayed at prominent places.
10.The said relaxation shall not apply to a woman employee during the period of twelve weeks before and after her childbirth, miscarriage or medical termination of pregnancy of which at least six (6) weeks shall be after childbirth, miscarriage or medical termination of pregnancy, and for such additional period, if any, as specified in the medical certificate stating that it is necessary for the health of the woman employee or her child.
11. Wherever the establishment/management provides boarding and lodging arrangements for the women employees, the same shall be kept exclusively for the women under the control of woman supervisory officer.
12. The employer shall be at liberty to employ women employees as a whole or in part during night shift, provided, the above directions be complied with.
13. The above are subject to compliances of The Haryana Shops and Commercial Establishments Act, 1958 (Punjab Act No. 15 of 1958), The Maternity Benefit Act, 1961 (53 of 1961), The Equal Remuneration Act, 1976 (25 of 1976) and all other Labour Legislations applicable on the Establishment.
14. This grant of exemption shall have no overriding effect on any notification/ order/ advisory/ circular/ issued by any other Authority/Government Department including Police.
15. A copy of this notification shall be prominently displayed at the employee’s entrance/exit of the Establishment.
Exemption U/s 9 (Opening and closing hours) & Section 10 (Close day) of Haryana Shops & Commercial Establishments Act, 1958 shall be granted to any Haryana shop or commercial establishment that registers online via self-certification from date of Gazette notification (30.03.26), subject to specified conditions.
Conditions for Exemption: 1. The said establishment for employment of woman employee during night shifts i.e. from 08:00 PM to 06:00 AM shall apply for grant of exemption under section 28 which will be done in auto mode; on the basis of self-certification subject to conditions specified in Notification No. 11/26/2025-4Lab.13th October, 2025.
2. No person shall be employed about the business of an establishment for more than forty-eight hours in any one week and ten hours in any one day.
3. The period of work of an employee in an establishment inclusive of his interval for rest shall not exceed twelve hours in a day.
4. The payment of overtime shall be at twice the normal rate of wages.
5. No employee shall be allowed to work in an establishment for more than six hours before he has had an interval for rest of at least half an hour.
6. Any other condition as may be specified in this regard by Labour Department from time to time.
7. The above are subject to compliances of all Labour Legislations applicable on the Establishment.
8. This grant of exemption shall have no overriding effect on any notification/order/advisory/circular/ issued by any other Authority/Government Department including Police.
9. A copy of this notification shall be prominently displayed at the employee’s entrance/exit of the
Any changes in the certificate of registration shall be intimated online in Form G to the Inspector within 7 days from the date the change took place.
Employer must apply for amendment of registration certificate on changes in name, employer, manager, or workforce details; no fee is charged for issuing the amended certificate.
The employer shall intimate to the Inspector online about closing of the establishment, within thirty days of closing.
Employer of every establishment employing less than 20 workers shall, within a period of one month from date of commencement of his business, submit online intimation to Inspector in prescribed form. The employer providing intimation shall be provided a Basic Information Performa ID Number.
Employer must submit Form A to the Inspector within 15 days of registration, specifying working hours, weekly off day, restriction on other employment, and employee rest intervals. Such intimation need not be sent by an employer within whose establishment no employee is working.
Employer may change working hours and rest intervals once per quarter by notifying the Inspector in prescribed form at least 15 days in advance.
The employer of an establishment may change the working hours and the period of interval once in a quarter of the year by giving intimation in the prescribed form to the Inspector at least fifteen days before the change is to take place.
No employees shall be allowed or required to work-
(a) on a close day, in any establishment which is required to observe a close day; and
(b) on one day in a week, in any other establishment; and
(c) before the opening hour of the establishment and after closing hour of the establishment.
Provided that a watchman may be allowed or required to work on an off day under this section if he is allowed another off day in the week.
Every employee in an establishment shall be allowed:
a. Holiday with wages on Independence Day, Republic Day & Mahatma Gandhi’s birthday;
b. 3 other holidays with wages in a year in connection with such festivals as government may declare from time to time. An employee required to work on any such holiday should be paid remuneration at double the rate of his normal wages calculated by the hour
Any person employed in or about an establishment for a period of fifteen days, or more shall receive, for every off day in a week, wages at the rate of not less than the average daily wages earned by him for the days on which he worked during the week immediately preceding every such off day.
a. Any person employed in or about an establishment for a period of fifteen days, or more shall receive, for every off day in a week, wages at the rate of not less than the average daily wages earned by him for the days on which he worked during the week immediately preceding every such off day.
b. For the leave allowed to him, an employee shall be paid at the rate equal to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the Concessional sale to the employee of food grains and other articles.
c. An employee who has been allowed leave for not less than five days in the case of a young person and four days in any other case shall, on demand, before his leave begins, be paid the wages due for the period of leave allowed.
If an employee is discharged or dismissed from service during the course of the year he shall be entitled to leave with wages or wage in lieu of un-availed leave at the rates laid down in Section 14(a).
Every employee in an establishment shall be allowed with wages seven days casual leave and seven days sick leave in a year.
Leave wages shall be based on average daily earnings of the previous month (excluding overtime/bonus but including DA and concessional benefits); wages must be paid in advance if leave is more than or equal to 5 days (young person) or more than or equal to 4 days (others).
Wage period must be fixed and not exceed 1 month; wages must be paid within 7 days of due date; on termination, dues and leave encashment within 2 working days, and on resignation by next payday; claims must be made within 6 months.
The wages of an employee shall be paid to him without deductions of any kind except those authorized by or under the Payment of Wages Act, 1936, in so far as such deductions are applicable to the employee and in such manner, to such extent and to subject to such conditions as are specified in that Act.
The employer of every establishment shall in Form B keep exhibited in the establishment a notice setting forth the close day, the working hours and the period of interval of employed persons, if any, and such other particulars as may be prescribed.
The employer of every establishment shall maintain a register of employees in Form C
The employer of every establishment shall maintain a register of wages of employees in Form D
The employer of every establishment shall maintain a Register of deductions in Form E
Every employer of an establishment shall furnish to every worker an identity card containing such particulars, as may be prescribed
No employee shall be removed from service unless and until one month’s notice or pay in lieu thereof has been given to him except in case of misconduct and where he has not completed 3 months
All registers/forms must be maintained in Hindi and English with legible ink entries, be duly bound and serially numbered, and signed by the employer and Inspector.
All registers and records required to be maintained under the Act and these rules shall be preserved by the employer for a period of three years in Haryana to be calculated from the date to which such records or registers relate.
Maternity benefit payable to a woman shall be at the rate of average daily wages earned during 3 months immediately before the period of 6 weeks preceding the day of her delivery.
The payment of maternity benefit accruing to a woman employee shall be made to her after one week from the date of demand after delivery. If the employer fails to make the payment within the said period he shall pay to her an additional amount at the rate of 50 per centum of the maternity benefit as penalty.
b. The amount payable to a woman employee as maternity benefit in accordance with the foregoing rules shall for the purpose of its recovery be deemed to be a part of her wages illegally with-held.
Maternity benefit must be paid to the woman employee within one week from the date of demand after delivery. In case of delay, the employer is liable to pay an additional 50% of the maternity benefit as penalty. The unpaid amount shall be treated as wages illegally withheld for the purpose of recovery.
Dangerous machine parts must be securely guarded, emergency power cut-off devices provided, and employees near moving machinery must not wear loose clothing, with proper tight-fitting attire supplied by the employer.
Employer must provide suitable eye protection (goggles) to employees exposed to risks from flying particles/fragments or excessive light during manufacturing processes.
In every establishment a first-aid box with the following contents shall be maintained –
(i) six medium sterilized dressings;
(ii) six 2-1/2” bandages;
(iii) one ounce bottle containing 2 per cent alcoholic iodine;
(iv) one ounce bottle containing selvolatile having the dose and mode of administration indicated on the label;
(v) one pair of scissors;
(vi) one tube of burnol;
(vii) one ounce olive oil to be used as eye drops;
(viii) one role of sticking plaster;
(ix) one copy of the first-aid leaflet issued by the Chief Inspector.
Medical examination of employees working in establishment involved in serving food, drink or beverages to customers and obtain certificate in Form I once a year.
The employer to take measures to exhaust out the smoke produced in the course of business in order to safeguard the health of the persons employed in the premises.
The employer of every establishment where food, drink and beverage is served to the customers will have all the employees including the employer medically examined at least once in a year by certifying surgeon or by doctor incharge of civil dispensary, where certifying surgeon is not available. A certificate in Form I to the effect that the person so examined is free from communicable diseases shall be obtained and produced before the Inspector on demand.
Penalty and Punishment
Section 26 – General Penalty
Provides that for any contravention of the Act, the employer shall be liable to a penalty of ₹3,000 to ₹10,000 for the first violation and ₹5,000 to ₹25,000 for the second violation. In case of continuous subsequent violations, an additional penalty of ₹500 per day may be imposed.
Section 13(7) – Penalty for Non-compliance with Registration Provisions
Specifies that failure to comply with registration-related requirements under Section 13 attracts the same penalty structure, i.e., ₹3,000 to ₹10,000 for first violation, ₹5,000 to ₹25,000 for second violation, and ₹500 per day for continuing violations.
Section 20 – Penalty for Record-related Contraventions
Covers violations relating to maintenance of records, registers, and notices. Provides for penalty up to ₹500 per day for continuing contravention, and in cases of false entries or omissions, ₹3,000 to ₹10,000 for first violation, ₹5,000 to ₹25,000 for second violation, along with ₹500 per day for continuous violations.
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