Night shift: Uttar Pradesh Government brings new rules for women under Factories Act, 1948

In order to provide a safe environment for women at the workplace, the state government has amended rules for women working at factories and has introduced a new set of conditions for factories to ensure safety and security of their women employees.

In pursuant to notification no XXXVI-3 -2022- 17(sa)/2022 issued on 27th May 2022, the conditions for women working between 0700 PM to 0600 AM have been notified.

As per the notification Key Takeaways are as under –

1. No Women worker shall be bound to work without her written consent before 06:00 AM and after 07:00 PM
2. No Women worker shall be terminated from her employment if she denies to work between 07:00 PM to 06:00 AM
3. Employer to provide the following to women working between 07:00 PM to 06:00 AM –
   1. free transportation from her residence to workplace by the employer of the factory and back.
   2. food by employer of the factory
   3. Supervision during working hours and journey thereof.
   4. Toilets, washrooms, changing-room, drinking facilities and light near the workplace.
4. During the working between 07:00 PM to 06:00 AM, not less than four women worker shall be allowed to work in the premises or a particular department.
5. Employer to inform labour inspector of factories of region concerned –
   1. shall intimate the arrangement proposed by him in connection to the employment of female
   2. shall send a monthly report electronically or otherwise about the details of women worker‘s engaged during night shift
   3. Shall send express report whenever there is some untoward incident. This report shall also be sent to local Police Station.
6. Employer shall –
   1. take appropriate steps to prevent sexual harassment
   2. Shall maintain a complaint mechanism in the factory itself as prescribed in the Sexual Harassment of Women at Workplace (Prevention. Prohibition and Redressal)Act, 2013 or in any other related enactments
   3. shall make women workers aware of the rights in particular by prominently displaying the guideline as may be required.

The Inspector of factories shall enforce the safe working conditions of women working and carefully take note of the non-compliance in their inspection from time to time

Permission shall be deemed cancelled automatically on violation of any conditions prescribed above by employer of the factory.

This move of government will be a benchmark for organisations across nation in recognising the safety and security for women workforce and their contribution to economy. This shall thereby,promote a sense of encouragement for women in working sector of the country.

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