The Rajasthan Labour Department has issued an important notification affecting shops and commercial establishments registered under the Rajasthan Shops and Commercial Establishment Act, 1958. The notification provides exemption from certain provisions relating to working hours and weekly rest, subject to strict compliance conditions.
This update is significant for employers, HR teams, payroll professionals, compliance consultants, retailers, restaurants, offices, malls, service establishments, and commercial businesses operating in Rajasthan.
What Has Changed?
As per the new Rajasthan Labour Department notification, registered shops and commercial establishments have been exempted from the provisions of Section 11(1) and Section 12(1) of the Rajasthan Shops and Commercial Establishment Act, 1958.
However, this exemption is not unconditional. Employers must follow specific rules relating to weekly paid rest, daily and weekly working hours, overtime payment, appointment letters, and employee benefits.
Key Conditions for Employers
1. Weekly Paid Rest Is Mandatory
Every employee must be given one day of paid weekly rest. The weekly rest may be provided on a rotational basis, but it must not be denied.
This means businesses can operate flexibly, but employees must still receive their statutory weekly rest.
2. Working Hours Cannot Exceed 10 Hours Per Day
The working hours of employees must not exceed 10 hours in a day.
This is an important compliance point for retail shops, hotels, restaurants, malls, offices, showrooms, service outlets, and other commercial establishments.
3. Weekly Working Hours Limit Is 48 Hours
The total working hours of an employee must not exceed 48 hours in a week.
Employers must ensure proper attendance records, duty rosters, shift schedules, and wage records are maintained to prove compliance.
4. Overtime Must Be Paid as per Law
If an employee is required to work beyond the prescribed working hours, overtime wages must be paid as per applicable legal provisions.
Separate records of overtime work should be maintained by the employer.
5. Appointment Letter Is Mandatory
Employers must issue appointment letters to all employees.
A copy of the appointment letter must also be sent to the concerned Labour Inspector, and the acknowledgement should be preserved in the employer’s records.
This makes documentation very important for labour compliance in Rajasthan.
6. Employee Benefits Continue
Employees will continue to receive the benefit of all other applicable provisions under the Rajasthan Shops and Commercial Establishment Act, 1958.
The notification does not remove the employer’s obligation relating to wages, records, leave, rest, employment conditions, or other employee rights.
7. Violation May Cancel the Exemption
If the employer violates any condition mentioned in the notification, the exemption will be deemed to have been revoked automatically.
In such cases, the employer may face legal action under the Rajasthan Shops and Commercial Establishment Act, 1958 and other applicable laws.
Compliance Action Points for Employers
Employers in Rajasthan should immediately review their internal compliance system and ensure the following:
Update employee duty rosters and shift schedules
Ensure one day paid weekly rest for every employee
Restrict working hours to 10 hours per day and 48 hours per week
Maintain separate overtime records
Pay overtime wages as per law
Issue appointment letters to all employees
Send appointment letter copies to the concerned Labour Inspector
Preserve acknowledgements and records for inspection
Review HR, payroll, attendance, and statutory compliance documentation
Why This Notification Is Important
This Rajasthan labour law update gives operational flexibility to shops and commercial establishments, especially businesses that operate for longer hours or throughout the week.
At the same time, it increases the compliance responsibility of employers. Businesses must ensure that flexibility does not result in violation of employee rights, working hour limits, weekly rest, or overtime payment obligations.
Conclusion
The new Rajasthan Labour Department notification is a major compliance update for all registered shops and commercial establishments in the State. Employers should not treat this as a blanket relaxation. The exemption is available only when all prescribed conditions are followed.
Proper records, appointment letters, overtime registers, paid weekly rest, and working hour compliance will be essential to avoid legal risk.
Businesses operating in Rajasthan should immediately review their labour compliance practices and align their HR and payroll systems with the latest notification.