For employment of women in night shift duties in factories, does it require their written consent? If at the time of appointment the corporation has not informed about shift duties, can they deny ?
From India, Mumbai
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Provisions for Women Working in Factories and Commercial Establishments
The following is for your information, but contact your factory inspector:
Section 66(1)(b) of the Factories Act, 1948 prohibits women from being engaged in a factory from 7 PM until 6 AM. The State Government, through a notification in the Official Gazette, may allow employees to work until 10 PM at night and begin work at 5 AM in the morning. Women working in fish curing and fish canning industries are exempted from these provisions. Similar provisions exist in the Shops & Establishments Act, prohibiting the engagement of female employees during nighttime.
Legal Challenges and State Variations
Section 66(1)(b) of the Factories Act, 1948 has been declared unconstitutional by the Madras & Gujarat High Court, as it is considered discriminatory and against the Fundamental Right of equality enshrined under Article 15 of the Constitution. However, the Kerala High Court has upheld the constitutionality. The Madras High Court has laid down certain conditions for the protection of women if they are required to work beyond 10 PM, including protection against sexual harassment, separate transportation and canteen facilities, restrooms, and working in groups. Section 66 remains valid in other states, preventing female employees from working after 7 PM until 6 AM.
Exemptions for Commercial Establishments
In the case of commercial establishments, State Governments have been granting exemptions to specific establishments or groups, such as IT companies, hotels, and media companies, allowing them to engage female employees beyond permissible nighttime hours. These exemptions are conditional, and employers need to follow certain measures:
- Special arrangements for the protection of female employees working before 6 AM and after 8:30 PM, including transport.
- Female employees should be provided jobs jointly or in a group.
- Arrangement of restrooms and lockers for all women employees.
- No female employee should be asked to work night shifts for more than 15 days.
Working Hours and Overtime Regulations
For both factories and commercial establishments, the maximum permissible working hours in a day are capped at 9 hours and in a week at 48 hours. Any work beyond these periods is classified as overtime, for which an employee is entitled to be paid at twice the ordinary rate of wages. Any deviation from this would require prior intimation and confirmation from the relevant regulatory authority. In factories, the total number of work hours in a week, including overtime, cannot exceed sixty, and the total number of overtime hours in a quarter cannot exceed 50. Each State Government has prescribed similar limits on overtime hours in commercial establishments.
Spread-Over of Working Hours
Similarly, the spread-over of an employee in a day, whether in a factory or commercial establishment, cannot be beyond 12 hours, including intervals of rest under normal circumstances. Spread-over refers to the time period between the commencement and termination of work. On certain days in a year, such as year-end closing or financial year closing, spread-over hours can be extended by obtaining prior permission from regulating authorities.
From India, Mumbai
Acknowledge(15)
Amend(0)
731The following is for your information, but contact your factory inspector:
Section 66(1)(b) of the Factories Act, 1948 prohibits women from being engaged in a factory from 7 PM until 6 AM. The State Government, through a notification in the Official Gazette, may allow employees to work until 10 PM at night and begin work at 5 AM in the morning. Women working in fish curing and fish canning industries are exempted from these provisions. Similar provisions exist in the Shops & Establishments Act, prohibiting the engagement of female employees during nighttime.
Legal Challenges and State Variations
Section 66(1)(b) of the Factories Act, 1948 has been declared unconstitutional by the Madras & Gujarat High Court, as it is considered discriminatory and against the Fundamental Right of equality enshrined under Article 15 of the Constitution. However, the Kerala High Court has upheld the constitutionality. The Madras High Court has laid down certain conditions for the protection of women if they are required to work beyond 10 PM, including protection against sexual harassment, separate transportation and canteen facilities, restrooms, and working in groups. Section 66 remains valid in other states, preventing female employees from working after 7 PM until 6 AM.
Exemptions for Commercial Establishments
In the case of commercial establishments, State Governments have been granting exemptions to specific establishments or groups, such as IT companies, hotels, and media companies, allowing them to engage female employees beyond permissible nighttime hours. These exemptions are conditional, and employers need to follow certain measures:
- Special arrangements for the protection of female employees working before 6 AM and after 8:30 PM, including transport.
- Female employees should be provided jobs jointly or in a group.
- Arrangement of restrooms and lockers for all women employees.
- No female employee should be asked to work night shifts for more than 15 days.
Working Hours and Overtime Regulations
For both factories and commercial establishments, the maximum permissible working hours in a day are capped at 9 hours and in a week at 48 hours. Any work beyond these periods is classified as overtime, for which an employee is entitled to be paid at twice the ordinary rate of wages. Any deviation from this would require prior intimation and confirmation from the relevant regulatory authority. In factories, the total number of work hours in a week, including overtime, cannot exceed sixty, and the total number of overtime hours in a quarter cannot exceed 50. Each State Government has prescribed similar limits on overtime hours in commercial establishments.
Spread-Over of Working Hours
Similarly, the spread-over of an employee in a day, whether in a factory or commercial establishment, cannot be beyond 12 hours, including intervals of rest under normal circumstances. Spread-over refers to the time period between the commencement and termination of work. On certain days in a year, such as year-end closing or financial year closing, spread-over hours can be extended by obtaining prior permission from regulating authorities.
From India, Mumbai
Acknowledge(15)+10 more
Amend(0)
Maharashtra S&E Act: Employment of Women in Night Shifts
1. No woman worker shall be allowed to work in any establishment between 9:30 PM to 7:00 AM as per Section 13. However, a woman worker, with her consent, shall be allowed to work during these hours, provided the employer ensures adequate protection of her dignity, honor, and safety, protection from sexual harassment, and transportation from the establishment to her residence.
The State Government reserves the right, by notification in the official gazette, to prohibit or regulate the employment of women workers during 9:30 PM to 7:00 AM in the public interest. Hence, there is no need to seek exemption unless the government has prohibited the employment of women workers during these hours.
2. Yes, a female employee can deny the night shift if her consent is not taken.
Acknowledge(4)
Amend(0)
1. No woman worker shall be allowed to work in any establishment between 9:30 PM to 7:00 AM as per Section 13. However, a woman worker, with her consent, shall be allowed to work during these hours, provided the employer ensures adequate protection of her dignity, honor, and safety, protection from sexual harassment, and transportation from the establishment to her residence.
The State Government reserves the right, by notification in the official gazette, to prohibit or regulate the employment of women workers during 9:30 PM to 7:00 AM in the public interest. Hence, there is no need to seek exemption unless the government has prohibited the employment of women workers during these hours.
2. Yes, a female employee can deny the night shift if her consent is not taken.
Acknowledge(4)Amend(0)
Sir, Thanks a ton for ur response. Do anyone have the amended bill of Maharashtra factory act 2015 (not the drafted copy) ?
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
If it is clearly mentioned in the offer/appointment letter of doing rotational shifts, which includes night shifts and accepted by the candidate, then I don't think an additional consent letter is needed. However, the offer/appointment letter should clearly mention rotational shifts, which includes night shifts.
Thank you.
From India, Mumbai
Acknowledge(1)
Amend(0)
If it is clearly mentioned in the offer/appointment letter of doing rotational shifts, which includes night shifts and accepted by the candidate, then I don't think an additional consent letter is needed. However, the offer/appointment letter should clearly mention rotational shifts, which includes night shifts.
Thank you.
From India, Mumbai
Acknowledge(1)Amend(0)
Night Shift Work and Legal Requirements
In this case, the appointment order does not mention night shift work. In such circumstances, it is crucial to provide a 21-day notice of the decision to implement night shifts as per section 9A of the Industrial Disputes Act. However, the most critical aspect is to obtain permission from the relevant authority, the Inspector of Factories and Boilers, to employ women during night shifts.
General Permissions for Employing Women at Night
There are some general permissions for employing women during night shifts granted by the Labour Commissioner in accordance with the state's labor and IT policies. However, these permissions are not universally applicable but are specific directives relevant to certain industries such as hospitals, hotels, IT & ITES establishments, etc. There are valid reasons why women should be permitted to work at night in these industries.
Challenges in Non-Public Utility Services
In contrast, in a non-public utility service like a factory establishment, I doubt permission would be granted to employ women during the night. Therefore, before issuing a notice under section 9A or seeking consent from female workers, please ensure that you can legally engage them.
From India, Kannur
Acknowledge(2)Amend(0)
In this case, the appointment order does not mention night shift work. In such circumstances, it is crucial to provide a 21-day notice of the decision to implement night shifts as per section 9A of the Industrial Disputes Act. However, the most critical aspect is to obtain permission from the relevant authority, the Inspector of Factories and Boilers, to employ women during night shifts.
General Permissions for Employing Women at Night
There are some general permissions for employing women during night shifts granted by the Labour Commissioner in accordance with the state's labor and IT policies. However, these permissions are not universally applicable but are specific directives relevant to certain industries such as hospitals, hotels, IT & ITES establishments, etc. There are valid reasons why women should be permitted to work at night in these industries.
Challenges in Non-Public Utility Services
In contrast, in a non-public utility service like a factory establishment, I doubt permission would be granted to employ women during the night. Therefore, before issuing a notice under section 9A or seeking consent from female workers, please ensure that you can legally engage them.
From India, Kannur
Acknowledge(2)Amend(0)
Dear All,
Please find the latest amendment on Section 122 of Tamil Nadu Factories Rules: "Insertion of clause 84B - Guidelines for the employment of women employees in night shift."
Kindly check with your state Factories Rules.
Thanks,
Ratikanta Rath
From India, Durgapur
Acknowledge(0)Amend(0)
Please find the latest amendment on Section 122 of Tamil Nadu Factories Rules: "Insertion of clause 84B - Guidelines for the employment of women employees in night shift."
Kindly check with your state Factories Rules.
Thanks,
Ratikanta Rath
From India, Durgapur
Acknowledge(0)Amend(0)
Ensuring Safety and Compliance for Women Employees
Most of the requirements for ensuring the safety of women employees at night are also applicable during the daytime. Sexual harassment can occur at any time, so it is essential to maintain separate restrooms, lunchrooms, etc., as basic requirements for women during the daytime. It is not acceptable for men and women to use a common toilet during day shifts.
Policies on Male Workers and Female Hostels
Would you allow male workers to visit women's hostels at odd times? No. Would you have male wardens at women's lodging places? No, we will only have female wardens there.
Safety Measures for Night Shifts
When we engage male workers at night, we must provide adequate lighting inside and outside the factory. Men do not have the vision of cats and cannot see in the dark.
Regulations on Workforce Composition
The regulations regarding two-thirds of the total workers and one-third of female supervisors seem to be ridiculous.
From India, Kannur
Acknowledge(1)Amend(0)
Most of the requirements for ensuring the safety of women employees at night are also applicable during the daytime. Sexual harassment can occur at any time, so it is essential to maintain separate restrooms, lunchrooms, etc., as basic requirements for women during the daytime. It is not acceptable for men and women to use a common toilet during day shifts.
Policies on Male Workers and Female Hostels
Would you allow male workers to visit women's hostels at odd times? No. Would you have male wardens at women's lodging places? No, we will only have female wardens there.
Safety Measures for Night Shifts
When we engage male workers at night, we must provide adequate lighting inside and outside the factory. Men do not have the vision of cats and cannot see in the dark.
Regulations on Workforce Composition
The regulations regarding two-thirds of the total workers and one-third of female supervisors seem to be ridiculous.
From India, Kannur
Acknowledge(1)Amend(0)
In the state of Gujarat, a special notification from the Director of Industrial Safety and Health provides conditional permission to engage female employees in night shifts. Employers have to give an undertaking regarding the prescribed conditions.
- Consent of female employees must be obtained.
- Transportation to and fro with security must be arranged.
- Separate restrooms should be provided.
- Childcare facilities must be ensured.
From India, Mumbai
Acknowledge(1)
Amend(0)
- Consent of female employees must be obtained.
- Transportation to and fro with security must be arranged.
- Separate restrooms should be provided.
- Childcare facilities must be ensured.
From India, Mumbai
Acknowledge(1)Amend(0)
Restrictions on the Employment of Women
Originally, Section 66(1)(b) provided as follows: Section 66(1)(b) proviso (Further restrictions on the employment of women) Section 66(1), among other things, restricted women employees from working in any factory except between the hours of 6 A.M. to 7 P.M. However, the State Government may, by notification in the Official Gazette, vary these limits to the extent that no woman shall be employed in a factory between the hours of 10 A.M. to 5 P.M.
Amendment in 2015 and Current Position
With the amendment of 2015 in Maharashtra Rules, the position has undergone a change. Women workers are now allowed to work even between 7:00 P.M. and 6:00 A.M. in any factory where prescribed adequate safety and security measures or safeguards are provided. Women workers are now allowed to work the night shift provided the prescribed rules regarding their safety and safeguards are adequately provided.
Note: At present, the rules for adequate safety and safeguards of women employees have not been provided in the Maharashtra Factories Rules 1963. You may verify the position from the office of the local factory inspector. As the position is understood, in Maharashtra, there is no requirement for the consent of women employees for the night shift. The rest depends on the applicable provisions of Standing Orders and Notice of change requirements highlighted already.
From India, Mumbai
Acknowledge(1)Amend(0)
Originally, Section 66(1)(b) provided as follows: Section 66(1)(b) proviso (Further restrictions on the employment of women) Section 66(1), among other things, restricted women employees from working in any factory except between the hours of 6 A.M. to 7 P.M. However, the State Government may, by notification in the Official Gazette, vary these limits to the extent that no woman shall be employed in a factory between the hours of 10 A.M. to 5 P.M.
Amendment in 2015 and Current Position
With the amendment of 2015 in Maharashtra Rules, the position has undergone a change. Women workers are now allowed to work even between 7:00 P.M. and 6:00 A.M. in any factory where prescribed adequate safety and security measures or safeguards are provided. Women workers are now allowed to work the night shift provided the prescribed rules regarding their safety and safeguards are adequately provided.
Note: At present, the rules for adequate safety and safeguards of women employees have not been provided in the Maharashtra Factories Rules 1963. You may verify the position from the office of the local factory inspector. As the position is understood, in Maharashtra, there is no requirement for the consent of women employees for the night shift. The rest depends on the applicable provisions of Standing Orders and Notice of change requirements highlighted already.
From India, Mumbai
Acknowledge(1)Amend(0)
The rules can be modified if there is a requirement of a female employee during the night shift for the arrangement and safety of women already in place. The same modifications should be reflected in the company's standing orders approved by the labor department, with conditions specific to female employees working the night shift.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Rules and Regulations for Employees.doc
Employees' State Insurance General Regulations 1950.pdf