How Do BPOs Legally Allow Women to Work Night Shifts Under Indian Law?

Hello,

I am working in a US-based retail company where the parent company is in the USA, and there is a back office in India. In the USA, we have 12 retail stores. The back office in India consists of an IT team, finance team, CSR, and the HR department.

Firstly, I want to inform you that my company is registered under the Bombay Shops and Establishments Act. Therefore, our office timing is from 11 a.m. to 8:30 a.m. the next morning. Different sets of employees have different shifts. According to the Bombay Shops and Establishments Act, women employees cannot work beyond 9:30 p.m. (Chapter 6, section 33).

Now, my question is, "In all BPOs, employees mostly work in night shifts, including both male and female employees. So, under which Act are they registered that allows female employees to work in night shifts?"

I hope my question is clear. I would appreciate an expert's view.

Regards,
Usha

The Shop Act needs to be subscribed to as it's a "premise". The definition of work hours, which is different, can be mentioned in your application. Shop Act License helps in many other areas such as opening a Bank account or following various statutory obligations. Incidentally, it is called a Shop but need not be interpreted as a shop; work hours have to be qualified separately for your back office. It is still a commercial establishment. You are covered under the Shop Act.

Dear Ms. Das,

BPOs are exempted from certain provisions of the labor laws applicable to other organizations and entities. Therefore, you find women working night shifts. Each state in India where BPOs exist has exemptions under the prevalent labor laws to allow women to work at night.

Best regards,
Dipen
dipenvg78@gmail.com

Dear Dipen,

I want to know how the BPOs are exempted from the provisions of the Labour Laws. How can my company register for this exemption?

Waiting for a quick response.

Regards,
Usha

Dear all,

I believe BPOs are allowed to employ women for night shifts only if they provide transportation to and from the workplace. Only when an organization does so, women can be employed for night shifts.

Please correct me if I am mistaken.

Regards,
Hrishikesh

Hello Hrishikesh,

Every BPO will provide pick-up and drop-off facilities to their employees working at night. However, this is not the sole criterion for employing women employees during night shifts.

Hello Swapna, we cannot request this from the Shop & Establishment Department, as it would only be inviting penalties for employing women. If you can address this indirectly and inform me, I would greatly appreciate it.

In my previous company, which was also registered under the Shop & Establishment Act, they maintained two sets of registers. One register showed only 10 employees, while the second reflected the actual numbers. Whenever an inspector visited, they would switch the registers and engage in various other deceptive practices, which I prefer not to elaborate on.

In this current company, we aim to adhere to all rules and regulations, especially since it is an MNC. I am keen on justifying my work, and therefore, I am committed to avoiding any form of fraudulent activities in registration or other related matters. Your assistance in this matter would be greatly appreciated.

Regards, Usha