Can Pregnant Employees Use Their Own Transport for Late-Night Shifts? Seeking Advice on Safety and Policy

Cab Facilities for Late-Night Shifts

We are a BPO that offers cab facilities providing doorstep drop-offs to all employees working after 8:00 PM. However, I have three pregnant ladies whose shifts end at 10:30 PM, and they would like to go on their own, either with their husband or father using their own transport. We have not yet allowed this and have advised them to either work a flexi shift ending before 8:00 PM or use the office transport compulsorily. Can anyone advise if we can allow female employees to use their own transport at their own risk after 8:00 PM?

Pickup Service and Security Measures

Additionally, our pickup service starts at 6:05 AM as our shifts commence at 6:30 AM. Currently, we do not provide a security guard as the first pickup is a male staff member; however, in case he is absent, is it mandatory that we provide a guard because the shift is starting post 6:00 AM, the mandated time to provide transportation and security?

I look forward to your replies as they will help us tie up any loose ends that may exist. Thank you in advance.

Kind regards,
Hari

Pregnant Ladies and Transportation Options

It is good that they have opted to voluntarily use their own transport. Seek an application from them and have it countersigned by their husband, under their own responsibility. This letter should be sufficient to safeguard your company's interests. Therefore, I assume you will be providing them with pick-up services. Additionally, you have also given them the option to change their shift, which is a kind gesture.

You will need to agree on appropriate compensation for them since they are using their own vehicle for transportation.

Security Considerations for Female Employees

Yes, if you have a second pick-up for a "female," you will need to provide security. (The horrific Pune case just crossed my mind.) One question has always lingered in my mind: why are BPOs not utilizing "female drivers" like "Viira Cabs Services" in Mumbai?

Regards,
Ukmitra

It is so satisfying to know that your company is complying strictly with the norms set by the government while picking up and dropping female employees during night shifts. The best solution in this case would be to shift them to other shifts.

In my humble opinion, the burden of complying with the law cannot be shifted to their parents or husband. It is the employer's responsibility and cannot be diluted. In case of any accident, such an excuse will only amount to be an excuse, and the company would still be found to be on the erring side.

Warm regards.

A good discussion on "onus of responsibility." I guess this is exactly what Hari is trying to safeguard and protect his company. Let's brainstorm here.

Onus of Responsibility

"Onus of responsibility" is a matter of discretion by the employee and employer in their own best interest and has been clearly laid down in many judgments and labor offices. Of course, we cannot generalize based on these, as these are case-by-case basis, but I feel as a matter for our discussion, the onus of responsibility ends for a corporate and company somewhere, and in this case, the employee completed the work and is picked up by their family/guardian.

Taking the case of pregnant employees, I am sure they are still continuing to work, confirming that they are doing so on the doctor's recommendation. Now, the employee has voluntarily asked the employer that they will go on their transportation during late evening, confirming that they "have concerns about their travel in late evening using company car." This itself is a trigger for management to make a decision on the request which has come from the staff. I hope you will understand the complexity the management has to go through later if, "God forbid," something goes wrong with the employee and the management did not act on their request.

It is well within the right and power of the company to accept the way of transport an employee chooses to go after the work is completed if the same is recorded and supported by required documentation. In this case, "an application from the staff" and thereafter "Approval from Management."

I wish to hear from you and Hari as well.

Regards,
Ukmitra

I appreciate your views and your concerns. Also, I am all for a mutually agreed arrangement (with documents to back it up) for the safety and care of the pregnant employees.

What concerns me, as you have rightly pointed out - "God forbid, if some untoward incident..." - if such an incident happens when the ladies are on their way in their own personal arrangements, the blame can be easily shifted to the employer by the aggrieved family.

In the absence of any guidelines in this respect, I believe such exemptions must be resorted to by keeping the Labour authorities involved. Rather than keeping their fingers crossed and hoping for the best, the company might forward such a request to the authorities so that the interest of the company can be safeguarded.

When a company is taking so much care in legal compliance, it is better to go some extra miles and close all loopholes. This is not to create a bureaucratic barrier but to take abundant precaution.

Warm regards.