Harryanaa Goovern

nmentt Gazzette
E
EXTRA
AORD
DINAR
RY
Publishhed by Authority
A y
© Govt. off Haryana
No. 101–2022/Ext.] CH
HANDIGARH
H, TUESDAY
Y, JUNE 7, 2022
2 (JYAIST
THA 17, 19444 SAKA)

HARYA
ANA GOVER
RNMENT
LABO
OUR DEPAR
RTMENT
Notification
n
T 7th June, 2022
The 2
No.. 17217.— Whereas
W the Sttate Governm
ment of Haryaana has notifieed to allow eemploying wo omen in nightt
shifts i.e. from
f 7:00 PM
M to 06:00 AMM in IT, ITEss, Banking esstablishments, three star or above hotels, hundred perr
cent expoort oriented establishment
e ts vide notiffication No. 6/3/2002-1Laab dated 27..08.2003 and d notificationn
no. 6/3/20022-1Lab dateed 01.12.20044 and furtherr in logisticss and warehoousing establishments, videe notificationn
No. 14939 dated 17.05.22022;
Whhereas the Statte Governmennt of Haryana in exercise of o the powers mentioned
m unnder Section 28 and Sectionn
30(3) of thhe Punjab Shoop and Commeercial Establisshments Act, 1958, has laidd down certainn conditions for f employingg
women in night shifts inn respect of thheir security annd safety so as
a to safeguardd the interest oof the womenn workers anyy
IT, ITEs, Banking
B estabblishments, thhree star or abbove hotels, hundred
h per cent
c export orriented establlishments andd
logistics annd warehousinng establishm
ments in the Staate of Haryana, registered under
u the Punj
njab Shops andd Commerciall
Establishmments Act, 19558 wants to em mploy women workers in niight shifts mayy apply for thiis exemption under
u Sectionn
28 of the Act,
A prescribedd as under.
No application for
f grant of exxemption shaall be entertain
ned unless received by thee Labour Com mmissioner orr
Chief Inspectors of Shopps of Haryanaa within one month
m before the date of coommencementt of the period
d in respect off
which the exemption is required. Succh exemption will be valid for one year, and such exemption shall be
b granted onn
the followiing conditionss:
1. It shhall be the dutty of the emplloyer or otherr responsible persons
p at the work places oor institutionss to prevent orr
deteer the commisssion of acts ofo sexual haraassment and to o provide the procedures foor the resolutiion; statementt
of victim
v or prossecution of accts of sexual harassment
h by
y taking all steeps required aas per the provvisions of thee
Sexxual Harassmeent of Womenn at Workplace (Prevention n, Prohibition and Redressall) Act, 2013 (now
( onwardss
Actt). The employer/occupier must submit a copy of An nnual Return which
w is to bbe submitted to
t the Districtt
Autthority under the
t Act and allso to the Laboour Commissiioner, Haryanna.
2. All employers orr persons in charge
c of worrk place or facctory should take
t appropriate steps to prevent
p sexuall
haraassment and thhey should takke the followiing steps:
(i) Express prohibition
p off sexual haraassment in any a form succh as unwelccome sexually y determinedd
behaviourr either directlly or by implication or adv vances or conntact to gain ccontact or dem
mand sexuallyy
favours orr make sexuaally coloured remarks
r or sh
howing pornoography or anyy other unweelcome physicc
verbal or non-verbal
n coontact of sexuaal nature;
(1937)
1938 HARYANA GOVT. GAZ. (EXTRA.), JUNE 7, 2022 (JYST. 17, 1944 SAKA)
(ii) The Rules or regulations shall be framed by the shop/establishment management relating to conduct
and discipline prohibiting sexual harassment and provide for appropriate penalties in such rules against
the offenders and also introduce amendments wherever necessary as prescribed in the “Act”.
(iii) Provide appropriate working conditions in respect of work, leisure, health and hygiene to further ensure
that there is no hostile environment towards women at workplaces and no woman employee should
have reasonable grounds to believe that she is disadvantaged in connection with her employment.
3. In case of any criminal case the employer shall initiate appropriate action in accordance with the penal law
without delay and also ensure that victims or witnesses are not victimised or discriminated while dealing with
the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or
transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if
such conduct amounts to misconduct in employment.
4. The employer shall maintain a complaint redressal mechanism in the shop/establishment itself and the said
mechanism should ensure time-bound treatment of complaints. Such mechanism should be at any rate to
provide, when necessary a Complaint Committee, a special counsellor or other support services including the
maintenance of confidentiality.
5. Such Complaint Committee should preferably be headed by a woman and not less than half of its members
should be women besides a non-governmental organization’s representation in the committee. Such person
should be familiar with the issues of sexual harassment as is prescribed under the “Act”.
6. The female employees should be allowed to raise issues of sexual harassment to workers in the Workers’
meeting and other appropriate forums, written or in electronic form or through a complaint box.
7. The female employee should be made aware of their rights in particular by prominently notifying the
guidelines on the subject.
8. Wherever there is a harassment at the instance of a third party, either by an act or omission, the employer and
person in charge of the shop/establishment should take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
9. Declaration/consent from each women worker including security guard, supervisors, shift- in-charge or any
other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained and a copy
of the same shall be forwarded to the Labour Commissioner, Haryana.
10. The employer shall provide proper lighting not only inside the shop/establishment, but also surrounding of the
shop/establishment and to all places where the female workers may move out of necessity in the course of such
shift.
11. The employer shall see that the women workers are employed in a batch not less than ten and the total of the
women workers employed in a night shift shall not be less than 2/3rd of the total strength.
12. Sufficient women security shall be provided during the night shift at the entry as well as exit point.
13. Sufficient number of work sheds shall be provided for the female workers to arrive in advance and also leave
after the working hours.
14. Separate canteen facility shall be provided for the female employees, if number of female employees are more
than 50.
15. The employer shall provide transportation facility to the women workers from their residence and back (for the
night shift) and security guards (including female security guard) and each transportation vehicle shall also be
equipped with CCTV cameras.
16. The establishment/management shall provide appropriate medical facilities and also make available at any
time of urgency by providing necessary telephone arrangement and where more than hundred women workers
are employed in a shift, a separate vehicle be kept ready to meet the emergent situation such as hospitalization,
whenever there is a case of injury or incidental acts of harassment etc.
17. Wherever the establishment/management provides boarding and lodging arrangements for the women workers,
the same shall be kept exclusively for the women under the control of women wardens or supervisors.
18. During night shift not less than 1/3rd of strength of the supervisors or shift-in-charge or other supervisory staff
shall be women.
 HARYANA GOVT. GAZ. (EXTRA.), JUNE 7, 2022 (JYST. 17, 1944 SAKA) 1939
19. There shall be not less than twelve consecutive hours of rest or gap between the last shifts and the night shift
wherever a women worker is changed from day shift to night shift and so also from night shift to day shift.
20. In other respects, the provisions of the Haryana Shops and Commercial Establishments Act, 1958 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.
21. The female workers who work in night shifts and regular shifts shall have a monthly meeting through their
representative with principal employer once in eight weeks as grievance day and the employer shall try to
comply all just and reasonable grievances.
22. The employer shall be at liberty to employ women workers as a whole or in part during night shift, provided,
the above directions be complied with.
23. The employer shall send a half yearly report to the Labour Commissioner Haryana about the details of
employees engaged during night shifts and shall also send immediate report, whenever there is some untoward
incident, to the Labour Commissioner and local Police Station as well.
24. The Management will ensure that the Security Incharge / Management have maintained the Boarding
Register/Digitally signed computerized record consisting the Date, Name of the Model & Manufacturing of
the Vehicle, Vehicle Registration No. ‘Name of the Driver, Address of the Driver, Phone/Contract No.’ of the
Driver and Time Pick up of the women employees from the establishment destination.

DR. RAJA SEKHAR VUNDRU,

9635—C.S.—H.G.P. Pkl.