Late-Night Work Hours for Women: What Are the Legal Protections and Company Responsibilities?

Hi friends,

One of my friends is the CS of a company. Her company is going for an IPO. Nowadays, she is working with the merchant banker team until 1-3 am for 2 weeks. Do merchant bankers work until this time at the client desk? There is no other lady in the whole team of 8 members.

Could you tell me in what condition she will have to work like this? Is there any law for female employees regarding working hours and timing? Also, what is the company's responsibility in this situation for the same employee?

As per the Factories Act of 1948, the working hours for women are from 6 am to 7 pm. However, exemptions are provided on a case-by-case basis.

Regards,
Abbas.P.S

Dear Amitnatkar,

If you are engaging a lady during official hours such as 9-6, 10-6, etc., then there is no need for rules. But when you are working outside of these hours, you need to have permission from the Local Labour Inspector, specifying the nature and timings of the work. You must provide information about your shifts and obtain permission for these non-standard working hours.

Failure to do so could result in legal action against your company.

Regards,
SIDMAN

Dear Sir,

The position of a CS of the Company is that of a very senior and responsible officer of the Company. Working on an IPO is a significant opportunity and a valuable experience for her. It is her wish to stay back; if she does not wish to do so, it is her decision, and she can go home at the regular office time. The loss would be entirely hers because the work involved in an IPO is time-bound, and her profile requires her to dedicate that time. She can report to the management if she is being harassed while working for such late hours.

Thanks & Regards, Avika

Dear Avika,

It is okay that she has such a good position and is staying back for so long, but an act is an act. No change in that. What responsibility will the company take if something unexpected happens? Leave aside harassment, etc. What if something happens when she is back home?

Remember, nothing is a problem until it is created. Once a problem arises, HR is responsible. So, take care even if the employee wishes to explore alternatives.

Regards,
SIDMAN

In my opinion, companies should have the decency to ensure that they make arrangements for their employees, especially female employees, to reach home safely if they are working late hours. If a female employee is not provided with such a facility, she should ask for it. Please let me know if you need any further assistance.

Hello Amit Natkar,

I think Avika is right. The CS should focus on any problems she may be facing and find suitable solutions rather than generalizing. It's her career, and like Avika mentioned, IPO isn't a routine work (having handled it earlier, I can realize how tough it can get at times). Let her not look at the woods. She should look at the forest before working on a viable option. Regarding sidman05's quoting of the Rules, there is nothing wrong in it, except that there will always be exceptions.

Regards,
TS

Female employees are not allowed to work after 7 PM in the evening. Only in specific industry working shifts is this rule exempted.

Regards,
Nikhil

I don't understand how come people here are mentioning labor laws and Factories Act for this case. This lady is a CS and does not come under the IDA. Any such rules are not applicable in her case. Moreover, this lady has come into a profession that demands her expertise as a professional and not because she is female. We have many officials who are working shoulder to shoulder with men, and the world is talking about women's liberation.

As a senior lady working with highly skilled professionals at such a senior position, I am sure she cannot be facing any type of sexual harassment. We can ask all ladies at top positions - be it Mrs. Kiran Bedi, Mrs. Chanda Kochhar, Mrs. Indira Nooyi, etc., if they had only worked during daytime or expected more women to work with them during odd hours, they would have never achieved their existing positions. I think this lady needs to firstly reconsider her long-term personal goals and then take up assignments as per her acumen.

For the top management, the working hours do not matter. What matters is the work of the company. She has a job at hand and a very time-bound one. She has to get it finished by the deadlines so that the company could go in for the IPO.

The company provides all the facilities for the top management, and it is not irrelevant to work late hours. The company must be aware of the situation, and suitable arrangements must be in place for the security and safety of a lady officer. So there is nothing to worry.

I am 100% in agreement with Avika and smbhappy. For senior management people, duty time is not always as per the defined schedule. If she is feeling inconvenienced, she should ask and refrain from working odd hours. However, I think she would not have any objection because she is career-conscious and wants to achieve something significant in her life. Perhaps the person who posted this ad is in close relation to her and does not want her to work odd hours, but the choice is hers and others, isn't it? There is no need to enforce it through labor law as she herself has no objection, as it seems from the statement. If she does have any objection, being in a senior position, she can deny it herself.

For promising and sincere individuals, time does not matter; what matters is their future and career growth.

P.K. MISHRA