What Are the Legal Working Hours for Women in Factories and Which Laws Protect Them?

Respected Seniors, I want to know what are the working hours for women employees in a factory or any other establishment, and which act protects women's working hours. Please tell me in detail:

- Hours...?
- Overtime...?
- Minimum Wage...?

Thanks,
Harish Rana

Thank you for your comments. I request you to upload the amendment that allows women workers to work night shifts, from 10:00 p.m. to 6:00 a.m.

The Factories (Amendment) Bill, 2005

The Factories (Amendment) Bill, 2005 was presented before the Parliament on 16th August 2005 to amend Section 66 of the Factories Act, 1948. On 30th August 2007, the Union Cabinet approved the amendment in the Factories Act, paving the way for women employees to work in late-night shifts. This amendment provides flexibility in the matter of the employment of women during night hours between 7 P.M. and 6 A.M.

Regards,
Kamal

The Press Information Bureau release in the link provided by you only states that there was a decision to amend Sec. 66 of the Factories Act but does not confirm that Sec. 66 has been amended. Sec. 66 remains unchanged in its original form in the Factories Act. Could you provide further clarification on this matter?

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Dear B. Saikumar, the said amendment was approved by the union government on 30th August 2007. Regarding notification, it was left for the concerned state governments to notify such amendments accordingly as labor laws come under the concurrent list of the Indian Constitution, and both Parliament and State Legislatures have the right to make laws.

http://pib.nic.in/newsite/erelease.aspx?relid=30701

We should also note that:

1. The Andhra Pradesh High Court, in its judgment, has struck down Section 66 (1) (b) of the Factories Act 1948 as unconstitutional.

2. The Madras High Court ruled that Section 66(1) (b) of the Factories Act 1948 was a violation of the constitutionally guaranteed fundamental right to equality enjoyed by women and was discriminatory to women on the sole ground of sex.

3. The Mumbai High Court, in its judgment on 10th June 1999, passed an interim order allowing the deployment of women in Santa Cruz Electronic Export Processing Zones (SEEPZ) during the night shift.

The measures outlined by the Madras High Court state that before the Central and State Governments introduce rules, several provisions for the safety and security of women and preservation of their dignity and honor (as suggested by the high court) should be adopted by every employer who intends to employ women in their factories during night shifts.

Regards, Kamal

Dear Prasoon, That's true. The High Courts of Andhra Pradesh and the Madras High Court, in Vasanta's case, have struck down Section 66 of the Factories Act, necessitating the amendment. However, I have not come across any notification either by the Central government or State Governments to this effect. Hence, my curiosity. It might have escaped my notice. Have you come across any notification by either the Central Government or State Government? Unless there is a notification, it is not enforceable.

Regards,
B. Saikumar
Mumbai

Equal Remuneration and Working Hours for Women

According to the Equal Remuneration Act, 1976, Section 4 states the duty of the employer to pay equal remuneration to men and women workers for the same work or work of a similar nature. Additionally, women are not allowed to work in the industry between 6 P.M. to 6/7 A.M.

Please let me know if you need further clarification or assistance with this topic.

Regards,