Factories in Uttar Pradesh granted conditional exemption from prohibition on engaging women workers in night shifts (between 7:00 pm and 6:00 am)

Uttar Pradesh Labour Department has notified exemption to all factories in the State employing women workers from the restrictions provided under the Factories Act, 1948 in respect of employment of women workers, subject to ensuring compliance with the following conditions :-

• Written consent from woman worker is required before engaging women in any work before 6:00 a.m. and after 7:00 p.m.

• Women worker may not be terminated from employment in the event of her denial to work between 7:00 p.m. to 6:00 a.m.

• Employer of the factory is required to provide free transport from residence to workplace and back for women workers who are engaged for work between 7:00 p.m. and 6:00 a.m.

• Employer is required to take appropriate steps to prevent sexual harassment and maintain a complaint mechanism in the factory as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or in any other related enactments

• Employer of the factory is required to provide food for women workers engaged between 7:00 p.m. to 6:00 a.m.

• Sufficient supervision shall be ensured for such women workers during working hours and journey

• Employer shall ensure the provision of toilets, washrooms, changing room, drinking facilities and light near the workplace

• At least four women workers should be allowed to work in the premises or a particular department during the working hours between 7:00 p.m. to 6:00 a.m.

• Employer is required to intimate the arrangement proposed by him in connection to the employment of female workers to Inspector of factories of region concerned, for verification;

• Employers are required to send a monthly report (electronically or otherwise) to the regional Inspector of factories regarding the details of women workers engaged during night shift along with an express report in the event of occurrence of some untoward incident to the Inspector of factories of region concerned and local Police Station

Note: The Inspector of factories shall enforce safe working conditions for women workers and carefully take note of the non-compliance in their inspection from time to time.

• The women worker shall be made aware of their rights in particular by prominently displaying the guidelines.

In the event any of the above-mentioned conditions is violated by the employer of the factory, the permission shall be cancelled automatically.

A copy of the Notification is attached herewith for ease of reference.

Source: Government of Uttar Pradesh