Introduction
The role of women in the Workplace of India has been increasing at a rapid rate and has transitioned into various industries, including agriculture, IT, medical, transportation, service, manufacturing, etc. The recent growth of the 24-hour economy has put added pressure on women to work at night. Nighttime work has been historically restricted by legislation to women, but due to changing attitudes and legislative action, many sectors now allow women to work night shifts as long as they are provided with adequate safety and welfare protections.
To create a balance between the economic growth that is occurring in India due to the growth of the economy, and the constitutional guarantees of dignity, equality and safety for the workforce of women in nighttime work, new safety regulations and compliance guidelines have been implemented and required of all employers hiring women for nighttime work.
Legal Framework Governing Women Working Night Shifts
Constitutional Basis
Under Articles 14, 15 and 21 of the Indian Constitution, equality, non-discrimination and the right to a dignified life are protected under the Constitution. A policy allowing for night working must protect all of these rights.
Labour Codes and State Rules
Women may work at night under the OHSW Code 2020 (Occupational Safety, Health & Working Conditions) if she gives consent and all safety precautions have been taken. Because Labour is a Concurrent topic, each State has its specific Rules for Operational Safeguards.
Now, almost every State allows a woman to be employed at night, from 7:00 PM until 6:00 AM; this is subject to Compliance with Regulations.
Factories Act, 1948 (State Amendments)
The first act prohibited the employment of women at night; however, many States have since provided exceptions or changes to allow for the employment of women at night, provided the aforementioned Safety measures are in force, particularly in Manufacturing and IT-enabled services.
Shops and Establishments Acts
State-Specific Shops and Establishments Act have been modified to allow for Night Time Employees of Females in Commercial Establishments, including IT Offices, Malls, Call Centres, and Retail Chains.
Key New Safety Norms for Women Working Night Shifts
1. Women employees' written consent is required before night shift work.
Consent given must be voluntary, understood by the employee, and may be revoked.
2. Employers are required to provide employees with safe transportation.
Employers must provide:
-A safe means of transportation to and from work by providing a safe means of transporting employees from their homes to the workplace and back.
-Use of verified drivers.
-Vehicles that are equipped with GPS tracking systems.
-Panic buttons or other emergency contact devices.
Employees are not permitted to arrange for their own transportation during the night.
3. Employers are required to ensure that adequate security measures have been established in the employer’s workplace for the safety of their female employees.
Employers are required to provide:
-Whenever possible, the presence of female security personnel in the workplace is to assist and safeguard female employees.
-The workplace must provide adequate lighting and security both indoors and outdoors, and have active CCTV monitoring at all entrances/exits as well as in other common areas.
-All employee access must be limited to those with authorisation.
4. Employers must ensure their employees have sufficient places for rest periods and other facilities necessary for employee wellness.
-Employers must also provide separate restroom facilities and locker facilities for women employees and access to clean drinking water.
-First-aid and medical assistance for all employees.
-Written policies that promote reasonable working hours and time off at least once a week.
5. All employers are required to comply with the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Employers are required to establish:
-An internal complaint committee.
-POSH policies displayed in the workplace.
-Regular POSH training and awareness sessions.
-An inquiry and redressal mechanism with defined time limits for the investigation and resolution processes.
6. Employers are required to develop a mechanism for responding to emergencies and for reporting safety concerns.
Employers are required to provide:
-Emergency telephone numbers and telephone numbers for reporting low staffing levels.
-An escalation process for employees who feel threatened in some way.
-Direct coordination with local police stations.
-An employee reporting procedure for employees to report any safety concerns to their employer.
7. Employers must limit the working hours of their female employees to 12 hours a day and must provide the following to female employees:
Maximum daily and weekly working hour limits
Mandatory rest intervals
Prohibition of continuous night shifts beyond prescribed periods
Employer Obligations and Liability
Consequences for Employers that Fail to Comply with Safety Standards Will Include:
Penalties under Labour Laws
Cancellation of Any Exemptions Granted for Night Time Employment
Criminal Liability for Negligent Conduct
Liability for Compensation Claims Related to Harassment or Injuries in the Workplace
All Employers Must Comply with the Laws Regulating the Duty of Care Imposed on Them; Therefore, Compliance is Not Optional.
Role of State Governments
Notifications, circulars, and exemptions from State labour departments are periodically released that outline the following:
1. Permissible industries
2. Documentation requirements
3. Inspection and compliance standards
Employers should remain informed of the state-specific rules, as the requirements can differ within each jurisdiction.
Judicial Approach
Indian Courts Mentions That:
1. Protection Is Not Prohibited;
2. Women Have Equal Employment Opportunities; &
3. Employers And The State Are Responsible For Providing A Safe Work Environment.
Furthermore, the courts also affirmed that the purpose of empowering women is accompanied by protection, not to banish them from night work.
Challenges in Implementation
Progressive Legislation Has Not Resulted In:
* Inconsistent Application of Legislation Across The Country;
* Employee's Unawareness of Their Rights; &
* Unregulated Employment In The Informal Sector;
* A Tokenistic Approach To Safety & A Lack Of Basic Safety Provisions.
To Bridge The Gap Between Law And Practice Is An Ongoing Concern.
Conclusion
The Evolution Of Safety Regulations For Women Working Night Shifts Illustrates The Transition Of A More Inclusive, Modern Workplace In India. The Legal Framework Allows For Night Employment Of Women Under Defined Safety Conditions, To Uphold Women's Autonomy, Dignity & Security.
To Ensure Women's Full Participation In India's Economic Growth While Maintaining Their Fundamental Human Rights, Legislation Must Be Effectively Implemented And Enforced, Employers Held Accountable For Compliance, And Employees Educated About Their Rights.
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