Gujarat proposes conditions for employment of women in night shifts with the draft Shops and Establishment Rules

The Labour, Skill Development and Employment Department, Government of Gujarat, has published the Draft Gujarat Shops and Establishment (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2025 (“Draft Amendment”) proposing amendments to the Gujarat Shops and Establishment (Regulation of Employment and Conditions of Service) Rules, 2020 (“Principal Rules”). The Draft Amendment Rules propose to substitute the existing provisions governing employment of women during night shifts and introduce a detailed requirements for establishments engaging women employees between 9:00 p.m. and 6:00 a.m. Objections and suggestions may be submitted to the Deputy Secretary (Labour), Labour, Skill Development and Employment Department, Sachivalaya, Gandhinagar, or by email at ds-labour-led@gujarat.gov.in within 30 days from the date of publication of the notification in the Official Gazette, i.e., 11^th July 2026.

Key Highlights:

Under the existing Rule 11, women workers may be employed between 9:00 p.m. and 6:00 a.m. upon obtaining their consent in Form-J and subject to such conditions as may be specified by the Inspector. However the Draft Amendment proposes additional list of conditions, that all establishments engaging women employees during night shifts must follow :

1. Employers are proposed to be required to obtain written consent from women employees willing to work during night hours in Form-J.
2. The Draft Amendment propose that at least three women employees, including an onsite woman employer where applicable, should be present during the night shift.
3. Establishments are proposed to be required to provide transportation facilities equipped with GPS tracking systems for pick-up and drop-off of women employees at or near their residences.
4. Employers are proposed to obtain bio-data and police verification records of drivers engaged for night transportation services, whether such drivers are employed directly or through service providers.
5. The Draft Amendment Rules propose mandatory provision of toilet or washroom facilities and drinking water near the workplace, along with CCTV surveillance and adequate lighting, including in passageways leading to such facilities.
6. Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is proposed to be expressly mandated for establishments engaging women employees during night shifts.
7. Employers engaging women employees at night are proposed to submit a self-declaration in the newly introduced Form-J1 to the concerned Inspector confirming compliance with the prescribed safety, security and welfare requirements and undertaking responsibility for safeguarding the dignity and security of women employees.
8. The Draft Amendment propose to prohibit employment of adolescents in any establishment during night hours.
9. A specific penalty framework is proposed whereby establishments failing to comply with the prescribed conditions may become liable for action under Section 29 of the Gujarat Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2019.
10. A new Form-J1 is proposed to be inserted requiring employers to certify compliance with prescribed conditions, obtain written consent from women employees before engaging them during night shifts, provide transportation and sanitation facilities and confirm compliance with applicable labour law requirements.

Source: Gujarat E-Gazette