Can Women Work Overtime in India? Understanding the Indian Factories Act Regulations

Can women workers be put on overtime? Does the Indian Factories Act allow for this, or should we seek an exemption for keeping women workers on overtime?

Thank you.

No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.; provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b). However, no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.

There is no need to get an exemption for women employees if they do not work overtime between 7 PM and 6 AM. If they work between 7 PM and 6 AM, then you need to get an exemption where there are a few clauses to be met, like dropping them off at their doorstep, etc.

As per Section 56, overtime is allowed for adults. You need to ensure that all females asked to work overtime are adults. Additionally, Section 66 imposes restrictions on the employment of women from 6 a.m. to 7 p.m. Therefore, you need to consider this restriction before asking anyone to work overtime.

Thank you.

To the point answers to you are as under:

Can women workmen be put on overtime?
There is no provision in the Factories Act (FA) saying you cannot put women workmen on overtime. However, overtime is subject to rules as prescribed.

Does the Indian Factories Act allow for this, or should we take exemption for keeping women workmen on overtime?
Since there is no provision in the FA restricting women workmen, there is no need to take an exemption for keeping women workmen on overtime. However, you should ensure the safety of women.

Regards

In addition, you have to keep in mind the provision under Section 66 of the Factories Act restricting the employment of women, as stated by Christopher & Tushar.

Regards,
Nagaraj

A piece of information I would like to share with you is as follows: The Gujarat High Court has held that women can be employed in night shifts, and the provision in the Factories Act which bars it is unconstitutional. Section 66(1)(b) prohibits industrial units from employing women from 7 pm to 6 am. The division bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala stated that the section is in breach of fundamental rights under Article 14 (right to equality) and 21 (right to life & liberty), making it invalid. (Ref. Current Labour Scenario, LLR Jan 14).