The Labour Welfare and Skill Development Minister of Tamil Nadu, V Ganesan, recently tabled a Bill that makes it mandatory for all commercial establishments to provide seating arrangements for employees. The goal is to allow workers at textile stores, supermarkets, and shops to sit at any opportunity they get and avoid standing throughout working hours.
The new Bill has amended the Tamil Nadu Shops and Establishments Act, 1947 to insert a new section 22-A, reported The News Minute. It is being touted as a progressive step in labour empowerment and welfare state goals.
However, many have pointed out problematic wording in the new section. It starts with a "shall" that suggests that every establishment shall mandatorily make suitable seating arrangements for all employees. Furthermore, employees may not be able to sit due to the use of the word "may", implying that even though seating is provided, the opportunity to sit remains unknown.
In the case of such social legislation, the enforcement of the provision is often left unchecked. Penalties for violations are also meagre, said The News Minute report.
The new amendment has taken inspiration from Kerala's 'right to sit' movement from 2010, spearheaded by the women's union called AMTU, in which working-class women of Kerala fought hard to persuade the state government to add a new section 21-B to Kerala Shops And Commercial Establishments Act, 1960.