[India] Tamil Nadu becomes second state to establish workers’ right to sit

On September 6, the Tamil Nadu government in India tabled a new Bill in the Legislative Assembly making it mandatory for establishments to provide seating facilities for employees, NewsClick reports.

The Bill was introduced by C.V. Ganesan - Minister-in-charge of the Labour Welfare and Skill Development Department - it reportedly sought to amend the Tamil Nadu Shops and Establishments Act, 1947 by adding a subsection to mandatorily provide seating facilities to employees.

The proposed Section 22A to the Act reads, “The premises of every establishment shall have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit which may occur in the course of their work and thereby avoid ‘on their toes’ situation throughout the working hours.”

The plight of workers and need for regulation

This amendment has been introduced to address the plight of employees in various establishments - particularly those working on shop floors - without any facilities allowing them to sit. These workers end up spending the entire duration of their workday, usually spanning more than 10 hours, in a standing position. This has an adverse impact on their health, often causing physical strain and sometimes leading to varicose veins.

The Bill reads, “Considering the plight of the employees who are on their toes throughout their duty time, it is felt necessary to provide seating facility to all the employees of the shops and establishments.”

The matter came before the State Labour Advisory Board meeting on September 4, 2021, and subsequently, the Bill was approved, bringing to a culmination the demand for the ‘right to sit’ that has been waged by civil society groups and worker campaigns in the state for the last few years.

The Government of Kerala introduced similar amendments to its relevant labour law in 2018 following protests by textile showroom workers in the state. The Government of Kerala amended the Kerala Shops and Commercial Establishments Act to grant seating rights to workers. Tamil Nadu is the second state to make such amendments.

The Tamil Nadu amendment also came in the wake of several protest demonstrations by workers engaged in textile and jewellery showrooms across the state.

State-specific Shops and Establishments Acts

Shops and Establishments Acts (S&E Acts) are state-specific acts that regulate the terms of employment and conditions of service of employees in shops and establishments. Hours of work, paid leave, payment of wages and the issuing of appointment letters by the employer are some of the key areas dealt with by such Acts.

Previously, these Acts would chiefly focus on the closure of shops and establishments by a stipulated time (say, by 8 p.m.) and for a day and a half once a week. Over time, working hours and weekly days off became more flexible and many shops and establishments started operating 24/7 throughout the year. States have accordingly amended their respective S & E Acts to facilitate uninterrupted operations in this sector.

The emergence of the middle class, the prosperity of a particular section of the society, widespread use of IT and the retail boom, are among developments to have had an impact on the way shops and establishments in urban spaces work. In recent times, these statutes have reportedly been amended several times to suit the interests of employers, without much regard for the interests of workers.

A typical departmental store employee reports to work by 9.30 a.m and leaves at around 9.30 p.m. Officially, working hours are shown as 8 hours with a half-hour break. the reality, however, is that such workers end up in the workplace for closer to 12 hours.

Additionally, they are denied days offs during festivals and in other busy months and they do not have job security as they are often employed through various intermediaries. Most of these employees are without appointment letters and a large number do not have access to institutional social security.

Employees in smaller shops and establishments - particularly in small stand-alone shops - lack toilet facilities, let alone the right to a seat.

Source: NewsClick

(Links via original reporting)

On September 6, the Tamil Nadu government in India tabled a new Bill in the Legislative Assembly making it mandatory for establishments to provide seating facilities for employees, NewsClick reports.

The Bill was introduced by C.V. Ganesan - Minister-in-charge of the Labour Welfare and Skill Development Department - it reportedly sought to amend the Tamil Nadu Shops and Establishments Act, 1947 by adding a subsection to mandatorily provide seating facilities to employees.

The proposed Section 22A to the Act reads, “The premises of every establishment shall have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit which may occur in the course of their work and thereby avoid ‘on their toes’ situation throughout the working hours.”

The plight of workers and need for regulation

This amendment has been introduced to address the plight of employees in various establishments - particularly those working on shop floors - without any facilities allowing them to sit. These workers end up spending the entire duration of their workday, usually spanning more than 10 hours, in a standing position. This has an adverse impact on their health, often causing physical strain and sometimes leading to varicose veins.

The Bill reads, “Considering the plight of the employees who are on their toes throughout their duty time, it is felt necessary to provide seating facility to all the employees of the shops and establishments.”

The matter came before the State Labour Advisory Board meeting on September 4, 2021, and subsequently, the Bill was approved, bringing to a culmination the demand for the ‘right to sit’ that has been waged by civil society groups and worker campaigns in the state for the last few years.

The Government of Kerala introduced similar amendments to its relevant labour law in 2018 following protests by textile showroom workers in the state. The Government of Kerala amended the Kerala Shops and Commercial Establishments Act to grant seating rights to workers. Tamil Nadu is the second state to make such amendments.

The Tamil Nadu amendment also came in the wake of several protest demonstrations by workers engaged in textile and jewellery showrooms across the state.

State-specific Shops and Establishments Acts

Shops and Establishments Acts (S&E Acts) are state-specific acts that regulate the terms of employment and conditions of service of employees in shops and establishments. Hours of work, paid leave, payment of wages and the issuing of appointment letters by the employer are some of the key areas dealt with by such Acts.

Previously, these Acts would chiefly focus on the closure of shops and establishments by a stipulated time (say, by 8 p.m.) and for a day and a half once a week. Over time, working hours and weekly days off became more flexible and many shops and establishments started operating 24/7 throughout the year. States have accordingly amended their respective S & E Acts to facilitate uninterrupted operations in this sector.

The emergence of the middle class, the prosperity of a particular section of the society, widespread use of IT and the retail boom, are among developments to have had an impact on the way shops and establishments in urban spaces work. In recent times, these statutes have reportedly been amended several times to suit the interests of employers, without much regard for the interests of workers.

A typical departmental store employee reports to work by 9.30 a.m and leaves at around 9.30 p.m. Officially, working hours are shown as 8 hours with a half-hour break. the reality, however, is that such workers end up in the workplace for closer to 12 hours.

Additionally, they are denied days offs during festivals and in other busy months and they do not have job security as they are often employed through various intermediaries. Most of these employees are without appointment letters and a large number do not have access to institutional social security.

Employees in smaller shops and establishments - particularly in small stand-alone shops - lack toilet facilities, let alone the right to a seat.

Source: NewsClick

(Links via original reporting)