Women can be employed in Night Shift in Factories: Madras High Court Judgment

Now Women can be employed in Night Shift in Factories according to the recent Judgment of Hon’ble Madras High Court.

Hon’ble Madras High Court in its judgment has also laid down certain conditions for employing women at night shift in respect of their security and safety so as to safeguard the interest of the women workers.

According to the judgment, Labour and Employment Department of Himachal Pradesh Government published official notification on 12th August, 2022 via Notification Number Shram (A)3-4/2022.

Governor of Himachal Pradesh is pleased to permit employment of women workers in factories situated in the State of Himachal Pradesh during night shifts i.e. from 07.00 P.M. to 06.00 A.M followed by the specified rules and regulation.

Factories of Himachal Pradesh may permit women to work at night shift from the date of publication of notification in official Gazette which shall remain valid for a period of three year.

Condition to be fulfilled before Employing Women in Night Shift

  • Women can work in night shift from 7.00 am to 6.00 pm with her full consent and no one can force women to work beyond her consent.
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  • No woman employee shall be required or allowed to work for more than 8 hours in any day not exceeding 48 hours in a week.
  • No women workers shall be employed against the Maternity Benefit Provision specified under the Maternity Benefit Act, 1961.
  • Factories should provide transportation facilities with guard for women employees supposed to engaged in night shift for their pick up and drops at their residence.
  • The occupier shall intimate the arrangement proposed by him to the concerned Inspector of the region for verification affording him a minimum period of 7 days for such verification.
  • Employer shall ensure sufficient supervision during such working hours and journey thereof.
  • The employer should arrange proper lighting facilities indoor and outdoor of the Factory where women employee may move as per her necessity in the course of such shift.
  • Employer shall provide appropriate medical facilities and also make available at any time of urgency by providing necessary telephone connections.

You may also read: What is Maternity Benefit and How to Apply for Maternity Benefit in India.

  • When more than 100 female employee engaged in night shift then a separate vehicle shall be kept ready to meet the emergent situation such as hospitalization, whenever there is a case of injury or incidental acts of harassment etc.
  • If the employer provides boarding and lodging arrangement for female workers the same shall be kept exclusively for the women under the control of women wardens or supervisors.
  • A monthly meeting should be conducted with the principle employer in every eight week as Grievance Day and the employer shall comply all just and reasonable grievances. Female workers working in night shift or regular shift may nominate her representative for the Grievance day meeting.
  • Employer shall send a fortnightly report to the Inspector about the details of employees engaged during night shifts, and shall also send express report whenever there is some untoward incident to the Inspector and local Police station as well.
  • Proper sanitary facilities, drinking water should be provided and made available to the female employees near to the workplace and entry and exit of women employees should be well-lit.
  • The employer shall provide safe, secure and healthy working condition to female employees for satisfied working environment in connection with her employment.
  • The establishment should comply with the provision of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.

Women can be employed in Night Shift in Factories according to the judgment for sure but the proper maintenance or assurance of the safety provisions may become difficult for employer. You may download the official notification by click here.

You may visit the official website of the Labour and Employment Department of Himachal Pradesh for more relevant information.

If you have any query regarding this article please do comment below.


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