Commerce Ministry announces new Work From Home rules for SEZs; permits upto 50% employees

With nearly 2 years into the COVID-19 pandemic and offices across the country functioning in a hybrid model, the Commerce Ministry on Tuesday announced new work from home (WFH) regulations for Special Economic Zones (SEZs), allowing up to 50% of total employees to opt for it. According to an order by the Department of Commerce, a new rule 43A for WFH in Special Economic Zones Rules, 2006, has been notified allowing remote working for a maximum period of one year. This may be extended to a maximum of 50% of total employees, including contractual employees of the unit, it said. 

"Work From Home is now allowed for a maximum period of one year. However, the same may further be extended for one year at a time by the DC on the request of units," the ministry said. "These include employees of IT/ITeS SEZ units; employees who are temporarily incapacitated; employees who are travelling and who are working offsite", it added. 

SEZ units to provide equipment & secured connectivity for WFH

In respect of SEZ units whose employees are already working from home, the notification has provided a transition period of 90 days to seek approval. To ensure the smooth sailing of operations, SEZ Units will provide equipment and secured connectivity for WFH to perform authorized operations of the units. "The permission to take out the equipment is co-terminus with the permission granted to an employee," the Commerce Ministry noted.

Moreover, while WFH may be further extended for one year by the Development Commissioner (DC) on the request of units, the Commerce Ministry stated that there is flexibility granted to the DC of SEZs to approve a higher number of employees, i.e-- more than 50%, for any bonafide reason. This reason would have to be recorded by the DC in writing, it said. 

(With agency inputs)