Hello,
I am working at an IT company on the night shift, but in my appointment letter/offer letter, day shift timing is mentioned, and the employer asked me to work at night. So, is there any kind of license or government permission required for the employer to start a night shift?
From India, Ahmedabad
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I am working at an IT company on the night shift, but in my appointment letter/offer letter, day shift timing is mentioned, and the employer asked me to work at night. So, is there any kind of license or government permission required for the employer to start a night shift?
From India, Ahmedabad
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Though my reply may not be relevant as the question pertains to the licenses/authentications from the Government in lieu of Night Shifts, you may find the below-stated pointers shedding some light on the constraints attached to it.
Labour legislation pertaining to employees working night shifts:
Night shifts generally refer to working hours between 7:00 p.m. to 6:00 a.m. In India, legislations like the Plantation Labour Act, 1951, Factories Act, 1948, State Shops and Establishments Act, etc., contain provisions restricting work during the night for women.
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.
After much debate, the ban has been lifted in the majority of industries. For instance, the Factories Act, 1948, which initially banned women from working night shifts, now liberalizes women to work at their desired timing. It was argued that provisions for the safety of women should be implemented, such as the provision of transportation to the doorstep of their residence rather than their ban at work during those hours. Today, in four districts, there are about 40,000 women employees doing three shifts, including night shifts.
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 the employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
According to the Shops and Establishment Act, no women shall be required or allowed to work in any establishment after 9:30 PM.
In the ITes and IT industry, the provision of women employees working after 8 PM is allowed provided transportation to the doorstep and other security measures for women employees are adhered to.
Measures to protect women working night shifts:
The following measures should be taken at the workplace with the intervention of the human resources department:
- Special arrangements should be made for the protection of female employees working before 6 AM and 8:30 PM, including transportation.
- Female employees should be provided jobs jointly or in a group.
- Every vehicle transporting women employees should be issued a special pass.
- Every company should provide a security guard with the vehicle for women employees.
- A security guard or a colleague should accompany the driver in the cab if a woman staff working a night shift is either the first to be picked or last to be dropped.
- GPS-based monitoring of cabs with panic buttons.
- SMS alerts or information systems to be installed.
- Employers should collect identification documents from drivers, security guards, and casual staff.
- 24X7 operational CCTV at vital locations or places such as entry/exit, common passages, etc.
- Installation of electronic doors allowing access to the work area only to authorized employees.
- High-security fencing to discourage human trespassing in factory/office premises/campuses.
- Separate and secure toilets for women close to their workstation.
- Compliance and audits, random checks to be done periodically, including breath analysis of cab drivers.
- Training of women staff on staying alert and being better prepared.
- Self-defense classes to be organized at the workplace or sponsored by the organization.
- Setting up a sexual harassment committee reporting to the managing director or a senior member of the management and headed by a woman.
- Clearly displayed emergency contact numbers and a designated officer(s) available round the clock to be contacted in an emergency.
Keep Exploring!
From India, Kolkata
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1Labour legislation pertaining to employees working night shifts:
Night shifts generally refer to working hours between 7:00 p.m. to 6:00 a.m. In India, legislations like the Plantation Labour Act, 1951, Factories Act, 1948, State Shops and Establishments Act, etc., contain provisions restricting work during the night for women.
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.
After much debate, the ban has been lifted in the majority of industries. For instance, the Factories Act, 1948, which initially banned women from working night shifts, now liberalizes women to work at their desired timing. It was argued that provisions for the safety of women should be implemented, such as the provision of transportation to the doorstep of their residence rather than their ban at work during those hours. Today, in four districts, there are about 40,000 women employees doing three shifts, including night shifts.
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 the employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
According to the Shops and Establishment Act, no women shall be required or allowed to work in any establishment after 9:30 PM.
In the ITes and IT industry, the provision of women employees working after 8 PM is allowed provided transportation to the doorstep and other security measures for women employees are adhered to.
Measures to protect women working night shifts:
The following measures should be taken at the workplace with the intervention of the human resources department:
- Special arrangements should be made for the protection of female employees working before 6 AM and 8:30 PM, including transportation.
- Female employees should be provided jobs jointly or in a group.
- Every vehicle transporting women employees should be issued a special pass.
- Every company should provide a security guard with the vehicle for women employees.
- A security guard or a colleague should accompany the driver in the cab if a woman staff working a night shift is either the first to be picked or last to be dropped.
- GPS-based monitoring of cabs with panic buttons.
- SMS alerts or information systems to be installed.
- Employers should collect identification documents from drivers, security guards, and casual staff.
- 24X7 operational CCTV at vital locations or places such as entry/exit, common passages, etc.
- Installation of electronic doors allowing access to the work area only to authorized employees.
- High-security fencing to discourage human trespassing in factory/office premises/campuses.
- Separate and secure toilets for women close to their workstation.
- Compliance and audits, random checks to be done periodically, including breath analysis of cab drivers.
- Training of women staff on staying alert and being better prepared.
- Self-defense classes to be organized at the workplace or sponsored by the organization.
- Setting up a sexual harassment committee reporting to the managing director or a senior member of the management and headed by a woman.
- Clearly displayed emergency contact numbers and a designated officer(s) available round the clock to be contacted in an emergency.
Keep Exploring!
From India, Kolkata
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