Jammu:
Advocates for implementation of Modernized Shops & Establishments Act in J&K at par with other states/UT
Gaurav Gupta, former General Secretary of the Chamber of Commerce and Industry Jammu, met with Charandeep Singh, JKAS, Labour Commissioner, Jammu, to discuss the implications of the recent order regarding “Close Day” compliance on the business community. Gupta strongly advocated for modernizing the Jammu and Kashmir Shops and Establishments Act to align with the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016.
Gaurav Gupta emphasized that the current labor laws in Jammu and Kashmir are based on outdated regulations from the 19th century. He pointed out that while India updated these laws post-independence, many states have since adopted the 2016 Model Bill, which provides businesses with greater operational flexibility. Gupta stressed, "The Union Cabinet approved this bill to allow businesses to operate year-round with flexible working hours, even 24/7 in certain cases, fostering economic growth and catering to modern consumer demands." He noted that progressive states like Maharashtra, Rajasthan, Haryana, Karnataka, Uttarakhand, Uttar Pradesh, Madhya Pradesh, Punjab, and the Union Territory of Chandigarh have already implemented these reforms.
Addressing the specific challenges facing Jammu and Kashmir’s growing tourism sector, Gupta expressed concern over the mandatory "Close Day" policy. He highlighted that closing shops on designated days could inconvenience tourists and harm local businesses. Additionally, he warned that establishments dealing with perishable goods may face financial losses due to product spoilage caused by such closures.
During the meeting, Gupta discussed the importance of Section 8(4) of the 2016 Bill, which mandates state governments to regulate working hours while ensuring that employees receive adequate rest breaks. He argued that Section 13 of the Jammu and Kashmir Shops and Establishments Act, 1996, must be updated to align with the provisions of the 2016 Model Bill.
He also shed light on Section 10 of the 2016 Bill, which provides several crucial benefits for businesses and workers. Section 10(1) allows employers to decide whether their business operates in multiple shifts, giving flexibility in shift arrangements for employees. Section 10(2) permits businesses to remain open every day of the week, as long as employees receive a weekly holiday of at least 24 consecutive hours of rest. In addition, Section 10(5) ensures that if employees work on their rest day, they are entitled to double their regular wages.
Gupta emphasized that this legislation balances worker welfare with enhanced business productivity. He noted, "The period and hours of work for all classes of employees, particularly in shift operations, should be clearly communicated to workers and reported to the Facilitator electronically or otherwise."
In conclusion, Gaurav Gupta urged the Labour Department to take the business community’s concerns into account. He emphasized that updating the labor laws would benefit both employers and employees and contribute to the economic growth of Jammu and Kashmir. He tied his advocacy to Prime Minister Narendra Modi's vision of "Ease of Doing Business," pushing for J&K businesses to operate 24/7 to maximize their economic potential.
Labour Commissioner Charandeep Singh noted the concerns raised during the meeting and assured that the department would continue to work towards betterment of the stakeholders including modernizing labor laws in Jammu and Kashmir.