Jaipur, June 25: In a significant move aimed at enhancing business flexibility while safeguarding employee welfare, the Rajasthan Government has exempted registered shops and commercial establishments from statutory provisions relating to opening and closing hours under the Rajasthan Shops and Commercial Establishments Act, 1958.
The exemption has been granted through a notification issued by the Labour Department on June 19, 2026, under Section 3(2) of the Act. The new order supersedes the earlier notification dated April 15, 2024, and comes into force with immediate effect.
The notification exempts establishments from the provisions of Sections 11(1) and 12(1) of the Act, which deal with restrictions concerning opening and closing timings and weekly closure requirements. As a result, shops and commercial establishments will have greater operational flexibility in deciding their business hours and weekly schedules.
However, the relaxation is subject to compliance with several employee welfare conditions laid down by the State Government.
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Key Conditions for Employers
The notification mandates that every employee must be provided one paid day of weekly rest on a rotational basis. Employers are also required to ensure that working hours do not exceed ten hours per day and forty-eight hours per week.
Where employees are required to work beyond prescribed hours, separate records of such additional work must be maintained. Overtime wages must be paid strictly in accordance with applicable labour laws.
Another important requirement is the issuance of appointment letters to all employees. Employers must submit copies of such appointment letters to the area Labour Inspector and retain acknowledgements as part of their records.
Employee Protections Continue
The State Government has clarified that employees of shops and commercial establishments will continue to enjoy all other benefits and protections available under the Rajasthan Shops and Commercial Establishments Act. The exemption is limited only to the specified provisions and does not dilute any other statutory rights of workers.
Non-Compliance May Lead to Withdrawal of Exemption
The notification also contains a compliance mechanism. Any violation of the prescribed conditions will automatically revoke the exemption granted to the establishment. In such cases, employers may face legal action under the Rajasthan Shops and Commercial Establishments Act and other applicable labour laws.
Source: Rajasthan Labour Department Notification No. F.14(13)(37)/BRAP/Shram/Vidhi/2020/01618/2233
