The Government of West Bengal, Labour Department, has issued provisional notifications previously dated 29 May 2026, providing important relaxations for registered Shops & Establishments under the West Bengal Shops & Establishments Act, 1963 attached for necessary reference. The understanding has been given hereunder to ensure that the prescribed conditions and all other applicable statutory requirements which has now been required to follow and fully complied as advised by the concerned authority with immediate effect.
1. Permission for 24×7 Operation of Registered Shops & Establishments:
The Government of West Bengal, Labour Department, vide Notification No. I1775074/2026/Labr-25099/140/2026-LWMW dated 29 May 2026, published in the Kolkata Gazette on 8 July 2026, has permitted registered shops and establishments employing 20 or more persons to operate 24×7 throughout the year.
The permission is valid for three years from the date of publication and is subject to prescribed statutory conditions, including provision of adequate staff to ensure weekly holidays, issuance of appointment letters, display of weekly holiday details, and compliance with the prescribed overtime ceiling of 144 hours per quarter. Where women are employed in shifts, the establishment is required to provide appropriate transport facilities and prescribed safety and welfare amenities, including adequate restroom/washroom facilities, safety lockers and medical facilities. The employer is also required to comply with the applicable requirements relating to constitution of the Internal Committee under the POSH Act, 2013.
Non-compliance with the West Bengal Shops & Establishments Act, 1963, the conditions prescribed under the notification, or other applicable labour legislation may result in suspension or cancellation of the permission. The notification has immediate effect.
Registered establishments employing 20 or more persons may operate 24×7 throughout the year, for three years from publication of the notification, subject to prescribed conditions relating to weekly holidays, appointment letters, employee welfare, women’s safety and overtime compliance.
2. Exemption for Flexible Working Hours:
The West Bengal Labour Department, vide Notification No. 11775073/2026/Labr-25099/140/2026-LWMW dated 29 May 2026, published in the Kolkata Gazette on 19 June 2026, has granted exemption to registered shops and establishments under the West Bengal Shops & Establishments Act, 1963 from specified restrictions relating to working hours, thereby facilitating flexible working arrangements.
The principal conditions are as follows:
- An employee shall not be required or permitted to work for more than 8½ hours in a day or 48 hours in a week, or beyond the closing time of the establishment.
- For IT enabled service industry working hours shall not be permitted beyond 9 hours in a day or 48 hours in a week.
- The spread-over, inclusive of overtime, shall not exceed 12 hours in a day.
- Overtime worked by an employee shall not exceed 144 hours in any quarter.
- All other applicable provisions of the West Bengal Shops & Establishments Act, 1963 shall continue to remain in force.
- The exemption has immediate effect.
Advisory: Establishments proposing to implement 24×7 operations or flexible working arrangements should ensure that the prescribed conditions and all other applicable statutory requirements continue to be complied with.