Shopping after 8? Wait...

KOCHI: Kochi has witnessed drastic changes over the last five to 10 years with several commercial establishments, malls, cine-complexes and BPOs coming up, leading to a vibrant nightlife. But the decade-old Kerala Shops and Establishments Act of 1960 is coming as a dampener as it puts a restriction on commercial establishments to stay open at night. This is adversely affecting the business climate of Kerala, which is trying to move up the ‘ease of doing business’ rankings.

Now, things seem to be changing for the better. The decision to amend the Kerala Shops and Establishment Act, in line with the provisions in the Model Shops and Establishments Act, approved by the Central Government in 2016, recently got the approval of state cabinet.

Experts believe this is likely to boost the city’s business prospects, besides making it easier for women to get a job, who may require them to stay into the night.

“Since most people prefer to come out in the evening, the business in all the shops happens around 6 pm to 9 pm. As per the existing act, it is difficult to open the shops at nights and also to employ women staff. Sometimes we cannot employ women owing to the rule as they cannot work after 7 pm. If the existing amendments come to the fore, it will be a great help to us. Kochi is really wanting a nightlife as most of them prefer to enter the street at night,” said Siyad, who runs a restaurant at Fort Kochi, where he employs three to four women staff.

In the changing business climate and with the commencement of Kochi Metro Rail, which provides services till 10 pm, several establishments and shops have also changed their business hours up to late night as most people prefer shopping only after the office hours. This has forced employers to deploy more workforce for late night shift which includes the women workforce.

Neethu, an employee working with a well-known textile shop, said the latenight work is not a herculean task. “Through the amendments in the bill, we got the right to sit inside the shops. We also welcome the new amendments as it will give us an opportunity to do overtime and thereby earn some extra money.  Since the employer need not have to appoint more workforce for doing the extra shift, it will be profit-making mantra for the employer as well,” she said.

The existing Act not only restricts women from working in shops and establishments beyond 7 pm but also denies women employment opportunities as many companies prefer to employ only men.

KMRL perspective  

When contacted, Mohammed Haneesh, managing director, Kochi Metro Rail (KMRL) said Kochi Metro Rail has already set an example by deputing women workforce on duty at the night time. “It is a fact that  Kochi is changing and it is high time to think about the changing scenario as well. In Kochi Metro, women work up to late night. Though they had some issues initially, we have addressed their every concern, including transportation, and now it is like a happy and friendly family. This is an example for other commercial establishments to implement the same model,” said Haneesh, welcoming the proposed amendments in the Act.

CPPR submits draft changes

The Centre for Public Policy and Research (CPPR), a Kochi-based thinktank, has prepared a draft of the proposed amendments to the Kerala Shops and Commercial Establishments Act. The amendments submitted to the government is said to bring a change in the economy. “To bring quality employment, we should have equal access to equal employment and opportunity. With the amendments in the fore, the women will get equal opportunity to work even in the late night. Though the security is a concern, the responsibility of ensuring the safety is vested in the hands of the state,” said D Dhanuraj, chairman, CPPR.

According to Sara John, senior project associate, CPPR, as per the draft proposal the practicability of the changes need to be discussed more.

“As per the amendments, the employer of the firm is responsible for the safety of the women workforce. The employer has to provide a transportation facility for the worker. Besides, the penalty for the shops and establishments are much higher than comparing the existing rule. So the practicability needs to be focused,” said Sara John.