Are Hotels Legally Required to Ensure Safe Drop-Offs for Women Working Late Shifts?

Hello, I know of a friend who works in a hotel in Delhi. She works the 3 pm to 12 am shift. Isn't there a rule that requires the employer/hotel to drop women employees off at their residence gate if they are working late? She stays in Gurgaon, and they say the hotel will only drop them off until the border. What can the person do? Is there anyone who can clarify this for me in legal terms?

Anupama

Earlier, women were not allowed to work beyond 7 pm, but the relaxation in certain sectors has come based on superior infrastructure such as radio cabs and women security personnel. Just last month, the BPOs in Gurgaon were briefed by the Police Department to enhance security measures, including background screening of cab drivers and GPS tracking. You can definitely take on this establishment and advocate for the revocation of this privilege of women working night shifts.

Surya

Hi, Female employees working beyond normal working hours in the hotel industry is very common. Many star hotels have this practice. They provide good facilities like transport, restrooms for female staff with lady security, etc. Engaging female employees in night shifts has become normal. I hope the ban on female employees working night shifts has been withdrawn in Karnataka. Tell your friend to speak directly with the management for extending facilities.

Regards,
Amarnath

My dear friend,

As opined by our other friends, women are working beyond normal working hours and even in night shifts. Of course, it is the responsibility of the employer to take care of their employees, especially women employees who work for the organization beyond office hours and night shifts. However, employers, maybe in unorganized sectors and sometimes even in organized sectors, leave the risk of attending duty and leaving for home during odd hours to the employees. The present-day women are as gritty as their colleagues of the opposite gender, and hence employers seldom pay special attention to their women employees. Of course, we can take up the legal route in which case we may lose the job. Unless employers are turned fair-minded, this problem will exist. Tell your friend to have a friendly conversation with her employers highlighting her inabilities and difficulties. All the best.

Ganesh Ramachandran

Thanks for the help. But the one thing I was worried about was the fact that they might stay anywhere in Delhi is permissible but not in Haryana, even if it is actually closer than some far-off places in Delhi itself.

Surely, you can even get the license of the establishment revoked after all it is flouting of norms. This is the sole reason, i.e., lack of facilities/environment, that factories are not allowed to have female workers after 7 pm.

Surya

Dear Ravi,

Not every judgment copy is required because the necessary information is provided in the act itself, and having a judgment copy is not necessary. This is specified in the Factories Act as well as the Shop and Establishment Act of various states. Night shift working is only allowed in hotels when they obtain permission to do so. This permission is conditional, and the employer must provide in writing to the Labour Commissioner that they will offer specific facilities to women workers, including conveyance facility. Your friend may have been staying in Delhi at the time of recruitment.

Thank you,
J. S. Malik

Thanks for your reply, sir.

Yesterday, I faced a COC audit in the Garment Industry. The auditor instructed to obtain permission from the government for ladies to work beyond 7 pm. I would like to know the formalities of getting permission from a government official. Are there any conditions?

Dear Ravi,

I could not understand if you want the female employees to work in shifts or if you prefer them to work overtime beyond 7 pm. What do the state factory rules say about this matter? Also, please specify the state where your company is located as only the Director of Factories can grant permission for such arrangements.

Thank you.
JS Malik