The Government of Haryana has revised the conditions concerning the employment of women during night shifts (8:00 p.m. to 6:00 a.m.). The revised conditions apply to IT and ITeS companies, banking establishments, three-star and above hotels, 100% export-oriented units and logistics and warehousing establishments registered under the Punjab Shops and Commercial Establishments Act, 1958. This new directive supersedes all previous notifications and introduces a harmonized set of safeguards and procedural requirements. The exemption, subject to compliance with the revised conditions will remain valid for a period of one year from the date of issuance, unless there is any change of security, transportation agreement and other details of occupier/director/manager.
Key Highlights:
- Applications must be submitted to the Labour Commissioner or Chief Inspector of Shops no later than one month prior to the intended start of night shift operations;
- It shall be the duty of the employer or other responsible person at the workplace or institutions to present at deter the commission of acts of sexual harassment and to provide the procedures for the resolution; statement of’ victim or prosecution of acts of sexual harassment by taking all steps required as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules framed thereunder (hereinafter referred as POSH Act). The employer/occupier must submit a copy of Annual Return which is to be submitted to the District Authority under the POSH Act and also to the Labour Commissioner, Haryana;
- Each employer shall submit a declaration that they have obtained consent from each women employee to work during night shift 08:00 PM to 06:00 AM;
- Employers must ensure well-lit workplace premises and adjacent areas, and deploy adequate security personnel during night shifts;
- The employer shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers. Provided that a women worker may opt out of transportation facility by giving her consent if she is willing to come to workplace by herself. Provided further that the occupier may pool the transportation facility by tie-up with the external transporters;
- The occupier or manager shall see that the women workers are employed in a batch of not less than four. However, in IT, ITeS sector quorum may be relaxed for any women in senior position (earning more than One lakh per month) when she gives consent to work in night;
- Appropriate medical facility by engaging a doctor/female nurse shall be provided during the night shift. However, the occupier may pool the ambulance services and other necessary medical facilities by tie-up with the nearby hospital to meet any emergent situation during the night shift. The important telephone numbers such as hospitals, Ambulance, Police etc. shall also be displayed at prominent places;
- Wherever the establishment / management provides boarding and lodging arrangements for the women employees, the same shall be kept exclusively for the women under the control of women wardens or supervisors;
- In other respects, the provisions of the Punjab Shops and Commercial Establishments Act, 1958 as amended from time to time and the rules of other statutory provisions with respect to the hours of work and the payment of Equal Remuneration Act and all other Labour Legislations shall be followed by the employer;
- The employer shall be at liberty to employ women employees as a whole or in part during night shift, provided, the above directions be complied with;
- The above are subject to compliances of ESI and Haryana Labour Welfare Fund, Haryana.
Source: Labour Department of Haryana
