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Ritu S

Hello All,
Need Help !
This is for IT company in Gurgaon. We have shift timings from 10:00 am to 7:00 pm.
There is a female employee who wants to do stretch in the evening and it might be till 10:00 or 11:00 pm at night.
Now I really don't want her to stretch at night and encourage her to start her day early in the morning reason being safety and security.
We are very small set up and don't have transport facility for employees.
If she would stretch at night, we won't be able to arrange the transport and Guard and she is ready to commute by her own.
Now I need
1. Consent Form - Describing that she is working later by her own
2. Want to know is it mandatory to provide transport and Guard even if we don't have it already?
3. Can we allow her to commute by her own ?
Please assist asap, its very urgent.
Thanks a ton !

From India, Delhi
Dinesh Divekar

Dear Ritu,
Your working hours are from 1000 to 1900 hours. Therefore, there is no room for further increase. While employee may be willing to work for 14 or 15 hours, it is against the provisions of Shops and Establishment Act.
Employee has shown willingness to commute on her own. She could be ready to bear risks arising out of arrangement for the personal transportation. However, there is no act that makes such provision. Therefore, question of consent form does not arise.
If the shift hours end after 2100 hours, then it is mandatory for the employer to provide the transport and guard facility. If you are in position to provide it then you may design the shift timings accordingly.
Extending working hours could be the female employee's convenience. Nevertheless, you are running a business organisation. In organisation, group of people work together with organized rules and structure. These rules have to be uniform and if you start making exceptions, other employees will come up with some different set of requirements. In that case, you could spend more time in sorting out their problems rather than taking up development activities of organisation.
Therefore, just say "NO" to the employee's requirement and close the matter.
Dinesh Divekar

From India, Bangalore
Ritu S

Thank you so much Dinesh Ji. I really appreciate.
From India, Delhi
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