E-Paper
TN tables bill making it must for shop owners to provide seating for staff
The bill is subject to assent from governor Banwarilal Purohit, and once it is an act, Tamil Nadu would be the second state after Kerala to legalise the ‘right to sit’ at the workplace.
The Tamil Nadu government on Monday tabled a bill in the assembly, which makes it mandatory for business establishments to provide seating arrangements for their employees, who stand for long hours.
The bill is subject to assent from governor Banwarilal Purohit, and once it is an act, Tamil Nadu would be the second state after Kerala to legalise the ‘right to sit’ at the workplace.
The bill was introduced by Minister for labour welfare and skill development, C V Ganesan. “Persons employed in shops and establishments in the state are made to stand throughout their duty time, resulting in varied health issues. Considering the plight of the employees, who are on their toes throughout their duty time, it is necessary to provide seating facilities to all the employees of the shops and establishments,” the bill stated.
The issue was raised and discussed during a meeting of the state labour advisory board on September 4 in 2019, and the provision for seating facilities was approved by all members unopposed. So, the government decided to amend the Tamil Nadu Shops and Establishments Act, 1947 to be called the Tamil Nadu Shops and Establishments (Amendment) Act, 2021. The decision has come into force immediately, the minister said.
Inserting a sub-section to the legislation, it 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.”
This has come as a huge relief to employees and salespeople working in shops and showrooms across the state – some of whom work in undesirable working conditions. “We stand for at least 7-8 hours,” said Sandeep Menon, who works in a high-end jewellery showroom in Chennai. “There are a few chairs for us to sit when we aren’t attending anyone, but we don’t usually sit because our floor managers may think we aren’t being active. But when there is a new government rule, that perception may change.”
Advocate P Venu Gopal, a fourth general resident of T Nagar, a commercial hub dotted with street vendors and high-end showrooms in Chennai, said that during festival seasons, the workers are standing continuously and some of them work in double shifts due to the rush. “But unfortunately, it’s been an accepted way of working,” said Gopal. “They get to sit only during a meal break, and they usually sit on the floor. But no one has complained so far, which is vastly different from what had happened in Kerala.”
G Venugopal, chairman of Naidu Hall, which has had stores across Chennai since the 1930s, said that their showrooms have resting areas. “90% of our workforce is women, so we have a resting area in the terrace of the showroom where they can take breaks and eat,” he said. “We also have stools on the floors for them to sit on a rotational basis. With the new legislation, it looks like we will provide each of them a stool or a chair to sit on the floor they’re working in.”
Experts say that this is in the right direction for the health and dignity of workers. “To treat all employees with dignity and provide them with basic facilities is the most basic duty of any employer,” said senior advocate and human rights activist Sudha Ramalingam. “Providing seating facilities for the employees will pave the way for efficient working of the employees, as they will not be exhausted and have the energy to attend to their customers.”
However, the bill does not detail the implementation and if shop owners would be penalised for not providing seating arrangements. HT contacted labour commissioner Atul Anand for clarification but he did not respond to calls and messages.
Workers of textile showrooms in Kerala had protested for their right to sit during work, and in 2018, the neighbouring state amended the Kerala Shops and Establishments Act allowing the same.
