As per the Karnataka Shops and Establishment Act, 1961 and the rules there under, there are certain prohibitions and restrictions in employing children, young persons and women in Shops and Establishments in Karnataka. As per this Act, a child is defined as a person who has not completed his 14th year. Similarly a young person is defined as a person who has completed his 14th year but not yet completed 18th year.
The Act prohibits the employment of children in any establishment. If anyone contravenes this provision, he shall be punishable with imprisonment for a term which shall not be less than three months and which may extend to six months or with a fine which shall not be less than Rs. 10,000/- but which may extend to Rs.20,000/- or with both.
The Act also prohibits the employment of women or young persons during nights. If anybody contravenes this provision they are liable to punishment similar to punishment for child labor as mentioned above. State Government is empowered to exempt establishments of IT and ITES from the provisions relating to employment of women during night. The Government may impose conditions that such establishments which employ women during night time shall provide the facilities of transportation and security to such women employees. For the purpose of this act, night means a period of at least twelve consecutive hours, which shall include an interval between 8 pm to 6 am.
Every employer who intends to seek exemption to engage women employees during night shift shall make an application to the Commissioner for Labor or the Deputy Labor Commissioner having jurisdiction, with the list of women employees willing to work in night shifts. There shall be at least five women employees in one night shift.