The State Government of Uttar Pradesh has recently issued a notification exempting Information Technology and Information Technology Enabled Services (IT / ITeS) establishments in the state from Section 6 (hours of work and overtime) and Section 7 (Intervals of rest and spread over of working hours in a day) of Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 (UP Shops Establishments Act).

The exemption is for a period of 2 (two) years until September 25, 2026.

The exemption is subject to the following conditions:

i.    No employer shall require or allow an employee to work on any day for more than 12 hours (inclusive of rest intervals).
ii.   The arrangement of work hours must be such that each employee gets at least half an hour’s rest after working continuously for a period of 5 hours and work shall not spread over more than 12 hours in a day.
iii.   If any employee works for more than 48 hours in a week, then any work in excess of 48 hours in that week will be called overtime and he shall be entitled to overtime wages.
iv.  The rate of overtime wages would be at twice the ordinary rate, wherein ordinary rate means the basic wages plus allowances, but excludes bonus.
v.   The maximum hours of overtime work shall not exceed 125 hours in any quarter.
vi.   Every employee shall be given a weekly off.
vii.  If any employee is made to work on a public holiday, then he shall be given a compensatory holiday in lieu of such work.
viii.  Adequate security and transport arrangements are to be made by the employer for women employees during night shifts.

The notification provides much anticipated flexibility to IT/ITeS employers in Uttar Pradesh. Prior to the exemption, the daily working hour limit in commercial establishments in Uttar Pradesh was 8 hours.

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