The Government of Rajasthan has temporarily exempted shops and commercial establishments in Rajasthan from the provisions of Section 22 of the Rajasthan Shops and Commercial Establishments Act, 1958 (“Act”) which prohibits employers from engaging women during night shifts.

The exemption shall be valid for a period of three years from the date of publication of the Notification in official gazette i.e. until 19^th March, 2027. For establishments run by women, where all the employers are female, the exemption shall be valid for a period of four years from the date of publication of the notification in official gazette i.e. until 19^th March, 2028.

Key Highlights:

1. The exemption shall be subject to the following conditions:
   • Employers must obtain consent from female employees for engaging them in night shifts.
   • Identity cards and appointment letters must be issued to the women employees.
   • Employers shall be responsible for the safety of the female employees required to work at night.
   • Employers must provide safe transport arrangements to the women employees and arrange for pick up and drop service.
   • Employers shall be required to provide separate rest rooms and lockers for women allowing them to keep their luggage at the workplace.
   • During pregnancy, the employee shall be exempted from night shifts, 3 months before and after expected delivery.
   • Employers shall be required to arrange for prevention of sexual harassment at workplace.
2. Violation of the above conditions shall result in automatic termination of the exemption provided to shop and commercial establishments.

Please note, that the Notification is currently available in Vernacular, and we have translated the same to the best of our understanding. Subsequently, once an official translation is available, we will update in case there is a requirement.

Source: Labour Department of Rajasthan

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