SEZ WFH Rules

 

The SEZ Division of the Ministry of Commerce has issued Instruction No. 110 today providing guidelines on standard operating procedure (SoPs) for Work from Home (WFH) for implementation of Rule 43A of the SEZ (Third Amendment) Rules, 2022.

 

The SoPs clarify the following aspects:

 

• The application for approval submitted to the Development Commissioner (DC) shall be approved within 15 days of submission. However, in the event of no communication received by the unit, it shall presumed to be deemed approved.
• The discretion vested to allow more than 50 percent of the employees to WFH is encouraged to be exercised by the Development Commissioners and approval should not be denied without due opportunity of being heard and recording reasons in writing. The guidelines also take cognizance of the fact that many units are operating at close to 90 percent on WFH basis today and may require sufficient time to reduce this gradually in a manner to avoid inconvenience.
• It has also been highlighted that the WFH facility may be utilized flexibly by the units among employees on day-to-day basis subject to the approved ceiling limit (50% or higher as may be approved).
• The units may decide internally on how WFH needs to be implemented subject to adherence of the specified percentage. The details of internal plans are not required to be submitted.
• The units shall self-certify that any point of time, the approved percentage of employees are working physically from premises of the SEZ unit. There is not requirement of submitting the attendance record of the employees; however, each unit shall maintain accurate attendance records which would be subject to verification by SEZ authorities.
• For the purpose of calculation of approved percentage of the employees for WFH, the employee data of the previous month of the unit shall be considered.

 

Further, the SoPs lay down the following with respect to the procedure/timelines:

 

• SEZ units whose employees are already working from home or from any other location outside SEZ as on date of the notification, are required to submit the proposal within 90 days to comply with Rule 43A. Electronic assets if any removed from such SEZ unit shall be duly accounted for in appropriate records.

• In case of any new employees, provisional permission may be granted for WFH which shall be regularized through an email application within 15 days. A unit may revise its WFH scheme at any time and submit at least 15 days in advance from the date it intends to put into effect.

• Unit intending to implement WFH will formulate and adopt a WFH scheme and submit an application to the concerned Development Commissioner (DC) about adoption of the WFH scheme at least 15 days in advance from the date that such scheme is intended to be put into effect at the unit.
• The said application shall be sent preferably by email to the concerned Development Commissioner (DC) along with a copy to the Specified Officer.
• The application shall contain a covering note signed by the authorized signatory of the unit mentioning the following:

• Date of application
• Total number of employees including contractual, at the unit;
• Whether WFH is for all the employees of the unit or for particular category of employees of the unit
• If WFH is meant for 50% or higher number of total employees of the unit, the details of all the employees to be covered
• Unit shall ensure attendance as provided in the scheme.
• Details of employees who would be eligible to opt for WFH
• Duration for which WFH permission is sought

• Attachment submitting the WFH scheme along with the application should be an excel sheet containing the following columns:

• Name and designation of all employees eligible to opt for WFH
• SEZ/Unit ID Card No. of the employees
• Validity/Expiry dated of the SEZ/Unit ID Card
• Details of the Laptop/other assets assigned to such employees
• Duration of WFH permission sought (only if such duration is different from the one agreed above)

• The requirement of endorsement certificate by Specified officer (SO) shall be implemented in such a manner so as to avoid any undue hardships to the employees currently WFH.

 

The SoPs provide clarifications on various anticipated aspects including the basis of determining the percentage of employees who can opt from WFH and basis of monitoring the implementation of WFH facility.