Can Women Work Night Shifts? Understanding the Rules and Regulations for Female Workers

Dear all,

Can women operators/employees/workers work night shifts? Does the Factories Act allow night shifts for female workers? Are there any rules to be followed or fulfilled to engage female workers in night shifts?

Kindly guide me.

With regards,
M. Mahesh Kumar

Hi,
The act has not been amended to allow the lady workers in the night shift, i.e., anytime between 7.00 pm to 7.00 am. However, certain states, subject to the discretions of the chief inspectors of factories, have given relaxations to some industries to engage ladies until 10.00 pm, with strict guidelines about their security and arrangements of transport to drop them at doorsteps after the shift hours.
The call centers, hospitals, and airlines have been exempted from this and are not within the purview of the Factories Act.
Hence, you would not be able to employ lady employees in the night shift.
Kind regards,
Dayanand L. Guddin

If call centers, IT/ITES, hospitals, and airlines have been exempted from the purview of the Factories Act, then which act governs the functioning of these bodies?

Regards,
Rahul Chhabra

Dear Rahul Chhabra,

IT/ITES, hospitals, and airlines come under the purview of the Shop and Establishment Act.

Regards, Rambir Tomar

Dear Ranbir,

Thank you for the information. I wish to know what Software & Technological Parks of India are and what their functions are.

Regards,
Rahul Chhabra

Dear Mr. Dayanand L Guddin,

Thank you very much for the response. I have seen companies in SEZs operating night shifts with lady operators. That is why I have raised the doubt.

With regards,
M. Mahesh Kumar

How about NGOs? Most of the people in NGOs are hired on a contractual basis, and it goes on for years. Isn't that against the law, as no organization can keep contractual employees for more than 240 days in continuation? Please confirm.

Please help me know, under the Shops and Establishment Act, what is the definition of a hospital?

Regards,
Rumy Ghosh.

Dear Mahesh,

I take this opportunity to appeal to members that we should give as much detail as possible in the first instance to save time for all of us in exchanging views.

Have a nice day.

Simhan

In a landmark judgment, the Madras High Court has given permission to engage women workers in night shifts subject to fulfillment of certain conditions by the factories. Hence, after the judgment, women workers could be seen working in night shifts, i.e., 10.00 pm to 6.00 am.

Regards,
M. Venkatraghavan

Thank you for your email. For women workers, you have to issue the FORM R to the department, informing them that we are hiring women workers for the night shift.

Regards,
Bheemashankar

Exemption Under the Shop and Establishment Act

IT/ITES, hospitals, and airlines come under the purview of the Shop and Establishment Act and are exempted. However, they must obtain permission from the appropriate authority in the labor department by filling out the prescribed form.

Thank you.

Regards,

As far as I know (AFAIK), men are often hesitant to work night shifts, while women have become more willing to take on night shifts.

Prohibition of Night Work for Women Employees of Contractors

Women employees of contractors are prohibited from working at night. Many software companies are employing women as caterers, facility management personnel, lady security guards, etc., through catering contractors, facility contractors, and security contractors, which is highly illegal. At any time, labor officers may catch up with them. Please see the provision of law in the attachment.

Regards,
Fredrick Castro
VP HR & IR

Hi,
Under the Contract Labour Act (Karnataka Rules 1974), progressive and mandatory guidelines (on women's employment during night shifts) have been passed, which is applicable to all factories, establishments, IT and BT sectors.
Check out the link for more info:
https://www.stacowiki.in/en/blog/201...-night-shifts/