Revised conditions for employing female employees during Night in Haryana
Labour Department of Haryana vide its Notification. No. 17217 dt. 07.06.2022 had laid down a set of conditions for the establishment/management to avail exemption for employing women during night shift.
Despite being a welcome step for industries engaged in service sector like IT & ITES but some of the conditions like employment of women security guards, deploying CCTV in taxis or having strength of more than 2/3 employees during shifts was posing practical difficulties for organisations to follow the compliances in letter and spirit.
Recognising the challenges faced by the industry Labour department of Haryana Notification No. 4490 dt. 21.02.2023 to supersede the previous notification. This notification have omitted as well as modified the conditions for availing exemption for engaging female employees’ during nightshift.
LEXCOMPLY team is presenting a summary of comparison between the conditions imposed by both the notifications
| S. No. | Original Compliance | Revised Compliance | Change |
| 1 | Duty of the employer to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution (Where employer wants to employ women workers in night shifts) | Duty of the employer to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution (Where employer wants to employ women workers in night shifts) | No change |
| 2 | To take appropriate steps to prevent sexual harassment (Where employer wants to employ women workers in night shifts) | Employer to take appropriate steps to prevent sexual harassment (Where employer wants to employ women workers in night shifts) | No change |
| 3 | Rules or regulations to be framed by the shop/establishment management relating to conduct and discipline prohibiting sexual harassment (Where employer wants to employ women workers in night shifts) | Rules or regulations to be framed by the factory/establishment management relating to conduct and discipline prohibiting sexual harassment (Where employer wants to employ women workers in night shifts) | They have introduced the word “factory” in place of “shop”. |
| 4 | To provide appropriate working conditions in respect of work, leisure, health and hygiene (Where employer wants to employ women workers in night shifts) | Employer to provide appropriate working conditions in respect of work, leisure, health and hygiene (Where employer wants to employ women workers in night shifts) | No change |
| 5 | Employer to initiate appropriate action in accordance with the penal law without delay while dealing with the complaints of sexual harassment (Where employer wants to employ women workers in night shifts) | Employer to initiate appropriate action in accordance with the penal law without delay while dealing with the complaints of sexual harassment (Where employer wants to employ women workers in night shifts) | No Change |
| 6 | Employer to maintain a complaint redressal mechanism in the shop/establishment preferably headed by a woman (Where employer wants to employ women workers in night shifts) | Employer to maintain a complaint redressal mechanism in the shop/establishment itself (Where employer wants to employ women workers in night shifts) | They have removed the obligation to have woman heading the compliant redressal mechanism. |
| 7 | To allow female employees to raise issues of sexual harassment to workers in the Workers meeting (Where employer wants to employ women workers in night shifts) | To allow female employees to raise issues of sexual harassment (Where employer wants to employ women workers in night shifts) | No change |
| 8 | Female employees to be made aware of their rights in particular by prominently notifying the guidelines (Where employer wants to employ women workers in night shifts) | Female employees to be made aware of their rights in particular by prominently notifying the guidelines (Where employer wants to employ women workers in night shifts) | No Change |
| 9 | Employer to take all steps necessary and reasonable to assist the affected person wherever there is a harassment at the instance of a third party (Where employer wants to employ women workers in night shifts) | Employer to take all steps necessary and reasonable to assist the affected person wherever there is a harassment at the instance of a third party (Where employer wants to employ women workers in night shifts) | No Change |
| 10 | To obtain declaration/consent form from every women worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 05.00AM (Where employer wants to employ women workers in night shifts) | Each employer to submit a declaration that they have obtained consent from each women employee to work during night shift 08:00 PM to 06:00 AM (Where employer wants to employ women workers in night shifts) | Duration of night shift have been changed from 7.00 pm – 5.00 am to 8.00 pm to 6.00 am . This is more logical as under shops and establishments rules , female employees can work upto 8.00 pm without approvals. |
| 11 | Submission of copy of declaration/consent form from every women worker to the Labour Commissioner, Haryana (Where employer wants to employ women workers in night shifts) | Employer to include the details of employees engaged during night shifts in annual report prepared under POSH and submit a copy to Labour Commissioner Haryana on Annual basis(Where employer wants to employ women workers in night shifts) | Instead of filing declarations with Labour Commissioner , now establishments are required to give specified details of employees engaged during night in the Annual Report prepared under POSH Act and submit a copy also to Labour Commissioner of Haryana. No date has been specified as yet . |
| 12 | Employer to provide proper lighting to all places where the female workers may move out of necessity in the course of their shift (Where employer wants to employ women workers in night shifts) | Employer to provide proper lighting to all places where the female workers may move out of necessity in the course of their shift (Where employer wants to employ women workers in night shifts) | No Change |
| 13 | Employer to ensure that women workers are employed in a batch not less than ten and not be less than 2/3rd of the total strength (Where employer wants to employ women workers in night shifts) | Completely omitted | Completely omitted |
| 14 | Sufficient women security to be provided during the night shift at the entry as well as exit point (Where employer wants to employ women workers in night shifts) | Sufficient security guards to be provided during the night shift (Where employer wants to employ women workers in night shifts) | Instead of obligation to have women security guards, it has now been mandated to have security guards irrespective of gender |
| 15 | Sufficient number of work sheds to be provided for the female workers to arrive in advance and also leave after the working hours (Where employer wants to employ women workers in night shifts) | Sufficient number of work sheds to be provided for the female workers to arrive in advance and also leave after the working hours (Where employer wants to employ women workers in night shifts) | No Change |
| 16 | Separate canteen facility to be provided for the female employees, if number of female employees are more than 50 (Where employer wants to employ women workers in night shifts) | Separate canteen facility to be provided for the female employees, if number of female employees are more than 50 (Where employer wants to employ women workers in night shifts) | This compliance now is not applicable to IT and ITES entities |
| 17 | Separate canteen facility to be provided for the female employees, if number of female employees are more than 50 (Where employer wants to employ women workers in night shifts) | Separate canteen facility to be provided for the female employees, if number of female employees are more than 50 (Where employer wants to employ women workers in night shifts) Except in case of IT and ITES | This compliance now is not applicable to IT and ITES entities |
| 18 | Employer to provide transportation facility to the women workers from their residence and back along with female security guards and transportation vehicle to be equipped with CCTV cameras (Where employer wants to employ women workers in night shifts) | Employer to provide transportation facility to the women workers from their residence and back (for the night shifts) and buses to be equipped with CCTV cameras (Where employer wants to employ women workers in night shifts) | No condition of women security guards in the vehicles . Further obligation for CCTV is now only for buses and not other vehicles. |
| 19 | Establishment/management to provide appropriate medical facilities (Where employer wants to employ women workers in night shifts) | Establishment/management to provide appropriate medical facilities (Where employer wants to employ women workers in night shifts) | No Change |
| 20 | Establishment/management to provide necessary telephone arrangement (Where employer wants to employ women workers in night shifts) | Establishment/management to provide necessary telephone arrangement (Where employer wants to employ women workers in night shifts) | No Change |
| 21 | Establishment/management to provide a separate vehicle be kept ready to meet the emergent situation where more than hundred women workers are employed in a shift (Where employer wants to employ women workers in night shifts) | Arrangement of vehicle to be kept ready to meet the emergent situation by employer where more than hundred women workers are employed in a shift (Where employer wants to employ women workers in night shifts) | No Change |
| 22 | Establishment/management to provide a separate vehicle be kept ready to meet the emergent situation where more than hundred women workers are employed in a shift (Where employer wants to employ women workers in night shifts) | Arrangement of vehicle to be kept ready to meet the emergent situation by employer where more than hundred women workers are employed in a shift (Where employer wants to employ women workers in night shifts) | |
| 23 | To keep women wardens or supervisors exclusively for the women workers wherever the establishment provides boarding and lodging arrangements (Where employer wants to employ women workers in night shifts) | To keep women wardens or supervisors exclusively for the women workers wherever the establishment provides boarding and lodging arrangements (Where employer wants to employ women workers in night shifts) | This compliance now is applicable only on entities engaged in logistic and warehousing activities. |
| 24 | More than 1/3rd of strength of supervisors or shift-in-charge or other supervisory staff to be a women (Where employer wants to employ women workers in night shifts) | More than 1/3rd of total strength, including the supervisor or shift in-charge and other employees, to be women in case of logistics and warehousing establishments (Where employer wants to employ women workers in night shifts) | This compliance now is applicable only on entities engaged in logistic and warehousing activities. |
| 25 | Provisions regarding hours of rest or gap between the last shifts and the night shift wherever a women worker is changed from day shift to night shift or vice versa (Where employer wants to employ women workers in night shifts) | Provisions regarding hours of rest or gap between the last shifts and the night shift wherever a women worker is changed from day shift to night shift or vice versa (Where employer wants to employ women workers in night shifts) | No Change |
| 26 | Employer to follow labour legislations with respect to the hours of work and the payment of Equal Remuneration Act (Where employer wants to employ women workers in night shifts) | Employer to follow the provisions of the Punjab Shops and Commercial Establishments Act, 1958 and the rules of other statutory provisions with respect to the hours of work and the payment of Equal Remuneration Act (Where employer wants to employ women workers in night shifts) | No Change |
| 27 | Monthly meeting through their representative with the principal employer with female workers who work in night shifts and regular shifts (Where employer wants to employ women workers in night shifts) | Meeting through their representative with the principal employer with female workers who work in night shifts and regular shifts once in 8 weeks (Where employer wants to employ women workers in night shifts) | Instead of monthly meetings , now they have provided for meetings once in 8 weeks |
| 28 | Employer to send half yearly report to the Labour Commissioner Haryana (Where employer wants to employ women workers in night shifts) (For the month of April to September) | The employer shall include in the annual report to be sent to the Labour Commissioner Haryana about the details of employees engaged during night shifts. | Instead of filing declarations with Labour Commissioner , NIIT now is required to give specified details of engaged during night in the Annual Report prepared under POSH Act and submit a copy also to Labour Commissioner of Haryana on Annual basis. No specific date has been prescribed as yet. |
| 29 | Employer to send immediate report, whenever there is some untoward incident to the Labour Commissioner and local Police Station (Where employer wants to employ women workers in night shifts) | Completely omitted | |
| 30 | To maintain Boarding Register/Digitally signed computerized record (Where employer wants to employ women workers in night shifts) | To maintain Boarding Register/Digitally signed computerized record (Where employer wants to employ women workers in night shifts) | No Change |
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He carries over 21 years of experience of providing advisory services around Corporate Law Compliances, Due Diligence, FIPB, Venture Capital Fund, Joint Ventures, Equity Participations, NGOs, etc. He was one of the founding members of RSJ Professionals which serves 500+ corporate clients for various advisory services. He brings with himself a strong understand of laws and nuances related to managing compliance in Indian corporates.
Gaurav is a Fellow Member of ICSI and holds Bachelors in Law.