Instruction No. 110 dated 12 August 2022

Reference is invited to SEZ (Third Amendment) Rules, 2022 dated July 14, 2022 and Rule 43A in the said Rules to ensure a harmonized implementation of the said rule notified, standard operating procedure to be followed by the offices of the Development Commissioners are as under:

1. The units intending to or implementing WFH will formulate and adopt a WFH Scheme and submit applications to the relevant Development Commissioner notifying the adoption of the WFH Scheme, at least 15 days in advance preferably by registered email to the concerned Development Commissioner office.
2. The application should contain a covering note signed by the authorized signatory of the unit mentioning:

• Total number of employees including contractual, at the Unit;
•  Whether WFH Scheme is for all employees at the unit or for particular categories of employees
•  In case the WFH scheme intends to cover 50% or any higher percentage, the details of all the employees intended to be covered shall be provided;
•  An undertaking that the Unit shall ensure attendance at the Unit;
•  Details of such employees who would be eligible to opt for WFH;
•  Duration for which permission for WFH is required (permission can be sought for a maximum of one year at a time).

1. The attachment submitting the WFH Scheme with the application being submitted should be an excel sheet containing the following columns:
2. Name and designation of all Employees eligible to opt for the WFH Scheme;
3.  SEZ/Unit ID Card No. of such Employees;
4.  Validity/Expiry date of the SEZ/Unit ID Card;
5.  Details of Laptop / other assets assigned to such Employees;
6. . Duration for which the permission for WFH is required (In case it is different from the general duration for which permission is sought).
7. Units already operating under the WFH option covering the existing employees, a period of 90 days for providing of required information would be provided, as a one-time exception.
8. In case of new employees, provisional permission for WFH may be availed on an immediate basis, which may be regularized through an application, preferably by email, within 15 days.
9. The application for approval of the WFH scheme shall be processed and approved within 15 days as per Rule 43A of SEZ Rules, 2006 and in the event, no communication is received by the unit from the Development Commissioner within 15 days from submission of application, the WFH Scheme shall be deemed to have been approved.
10. The requirement of endorsement of certificate by the Specified officer shall be implemented in such a manner so as to avoid any hardship to employees who are doing WFH. 
11. The units shall self-certify that at any point of time, the approved percentage of the employees are working physically from the premises of the unit at the SEZ. There is no requirement to submit attendance record, however each unit shall maintain accurate attendance records which would be subject to verification by any officer authorized by Development Commissioner.
12. For the purpose of calculation, the approved percentage of the employees may be calculated based on the monthly employee data of a unit for the previous month and in case of employees working in shifts, the approved percentage may be computed based on the shift wise monthly employee data of a unit for the previous month.
13. A Unit may submit a revised WFH Scheme at any time, at least 15 days in advance from the date that such WFH Scheme is intended to be put into effect.