Women, who earlier stayed at home fulfilling domestic duties, are now the backbone of any
economy, primarily shaping the future of the country. According to studies, expanding economic
opportunities for women helps to accelerate the fight against poverty.
Section 66(1)(b) of the Factories Act, 1948 (“Factories Act”) prohibits women employees from
working at night. Time and again, it has been argued that such a restriction is an impediment to
women employees and restricts them from carrying out lawful employment. Such a restriction would
not just come in the way of liberation of women’s rights both socio and economic but is also a major
hindrance to their emancipation.
The Madras High Court in Vasantha R. v. Union of India & Ors. had considered a similar challenge to
Section 66(1)(b). It was held that the provision which denies an opportunity for women to work
during night hours when they are desirous of doing so, for the betterment of their employment
prospects would be violative of the provisions of Articles 14, 15 and 16 of the Constitution of India
and had struck down the said provision as being discriminatory.
Generally speaking, all Notifications issued by various states specify that an employer of a factory
may hire women workers throughout the night, provided that the employer complies with the
guidelines specified in the Notification.
The Notification makes it clear, though, that no woman employee is obligated to work in night shifts,
only women employees who want to work at night can do so, and each women must sign a written
consent form for the same
Among other things, following are the prominent requirements specified in the Notification in
relation to security, safety, and health precautions for women employees working in night shifts
such employment of a woman should not violate any maternity benefit provisions under the
Maternity Benefit Act, 1961.
pickup and drop facility from home to factories to be provided by the employer.
the workplace as well as the passage towards the basic facilities like toilets, washrooms,
drinking water, entry, exit, etc., must be properly lit;
the toilets, washrooms and drinking facilities should be near the workplace where such
woman worker is employed;
the working conditions provided must be safe, secure, and healthy and such that no woman
worker faces any sort of disadvantage relating to her employment; and
ensure compliance with the provisions of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
Prohibition of Night Work
Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed
to work in any factory except between the hours of 6 a.m. and 7 p.m.
Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates
that no woman shall be required or allowed to work in any industrial premise except
between 6 a.m. and 7 p.m.
Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above
ground except between the hours of 6 a.m. and 7 p.m.
Section 43 of the OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE,2020 (“OSH
Code” ) under chapter 10 provides that “Women shall be entitled to be employed in all
establishments for all types of work under this Code and they may also be employed, with their
consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and
working hours or any other condition to be observed by the employer as may be prescribed by the
appropriate Government.”
Working hours: In general, women employees cannot be required to work past 8 PM, except
with their written consent. The maximum working hours per day is 9 hours and per week is
48 hours.
Transportation: Employers should provide reliable transportation options, such as company-
provided cabs or shuttle services. Drop-off points should be in well-lit and secure areas.
Safety: Employers should take steps to prevent sexual harassment and maintain a complaint
mechanism. They should also ensure sufficient supervision during work hours and the
journey to and from work.
Amenities: Employers should provide basic amenities like restrooms, washrooms, safety
lockers, and drinking facilities.
Food: Employers should provide food for women working night shifts.
Number of employees: At least four women should be allowed to work in the premises or a
particular department during the night shift.
Biometric systems: Biometric attendance systems can be used for accurate tracking.
GPS-enabled transport: GPS-enabled transport solutions can be used for secure commutes.
IoT safety devices: IoT safety devices can be used for instant distress signalling.
ADVISE
POLICY IS TO BE FRAMED WITHOUT BEING CONTRARY TO LAW OF THE LAND AND WHICH CAN BE
INCLUDED IN THE EMPLOYMENT CONTRACT. IF THERE IS VIOLATION OF ANY POLICY OF THE
ORGANISATION THE EMPLOYEE IS TO BE SHOWCAUSED AND STRICT STEPS TO BE TAKEN AGAINST
THE EMPLOYEE IN QUESTION.
