Women Employees Rights

bharathi.nekkanti
HI SIR
I came to know that women employees should not be asked to be in the company after 8.00pm as per there protection act . if they have are asked to stay then the company have to take some kind of permission........... is this right ?
Alphonse
Dear Friend
The Factories Act is allowing female employees to work up to 7pm. if u want to engage any female employees beyound permited hrs you have to get permission from the authorites from inspectorate. Now days they are allowing night shift also to the female employees but you have to maintain certain facilities for their safety
Regards
Alphonse
bharathi.nekkanti
thank you sir
our company is a seo company has made our timings 12-9pm . so our company have to take the permission as there female employees .
please let me know
saiconsult
is it a manufacturing company or a commercial establishment?
b.Saikumar
HR & Labour Law advsior
Mumbai
anil.arora
Well as we all knows what Factories Act -1948 says about Maximum working hours per day for all Male and Female Employees :
8 hrs + 2 hrs Overtime = 10 hours & 48 hrs in a week.
Apart from that, there is Act for Woman Employee Protection "Protection of Women Against Sexual Harassment at the Workplace Bill, 2007" which is basically meant to provide facilities and good and healthy work atmosphere for woman employees application to whole India but there is nothing like employer has to get permission for work at night by woman employee ..
http://www.prsindia.org/uploads/medi...sment_bill.pdf
Also I would like to share some details of an order of Bombay High Court for woman employee work at night and their safety.
[
The Bombay High Court observed that the onus of ensuring the safety of women who work on late night shifts lies with the companies, and proper means should be adopted to do ensure that women are safe.
Division bench of justice VM Kanade and justice PD Kode observed “Companies employing women to work graveyard shifts should ensure their safety. It is the responsibility of the company concerned to ensure that the women employees reach back home safely.”
The observations came while hearing the death sentence confirmation of two accused convicted for rape and murder of a BPO employee in Pune in 2007. The two accused, Purushottam Borade (26) and Pradeep Kokade (20) were sentenced to death under sections 120-B (criminal conspiracy), 364 (kidnapping), 376 (rape) and 302 (murder) among others.
The court pointed out that most of the BPO’s are located in the outskirts of the city. They have to ensure that women travelling at night reach home safely.
The court also queried whether compensation can be recovered from the company or the accused when a crime is committed against women. As for the present case, the trial court at the time of conviction in March this year observed that the incident had sent shock waves throughout the city of Pune.
The trial court observed that it is satisfied that the impact of the crime on the community, particularly women working in night shifts at this hub of information technology centre, brings the case within the rarest of rare case which merits death penalty and none else.
Purshottam, a driver with a logistics company, picked up the victim from her home on the fateful night on November 1, 2007 to take her to Wipro office, for her night shift. However, she was abducted and taken to a secluded field in a nearby village where she was raped and murdered. The victim’s body was discovered by a farmer the following morning and the two accused were nabbed within a day.
Published: Monday, Sep 3, 2012, 21:55 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA
]
By the way, why you are looking answer of working after 8 for woman specially?
boss2966
Dear Bharathi
The IT, BPOs and Software industries are already exempted from this female working hour restriction. Whereas a provision is made in to provide pick up from residence and drop at residence on completion their working hours. Please refer IT Act 2000.
IndiansInc
Bharathi, Looks like you are in UK shift of working covering European customers of your company. In IT companies, it is allowed for having female workers post the time allowed (7:00PM) however, company should have necessary safety measures.
If they have there is no problem, If not then i think you need to raise with facilities (first) then companiy registrar (i think)
saiconsult
Iam not sure whether the Protection of Women Agaisnt Sexual Harassment at Workplaces Bill 2007 has become an Act.Notwithstanding this, the Shops and Esytablishments Acts prescribe maximumtime limit for women to be employed at night .But the Shops Acts also, having regard to requirement of the I.T and ITES companies exempted them from this restrictions subject to conditions that the employer should take acre of the safety and security of women employed at night such a sproviding for their pick-up and drop etc..To my knowledge, States like Karnataka and Maharstra have imposed such conditiosof safety. Please check with A.PShops Act.
B.Saikumar
HR & Labour Law advsior
Mumbai
shashikotian
Hi,
I have observed Major Private Banks, making their women employees work from morning 9 to late night, (no time specific minimum 8pm, sometimes it may extend till 10pm),
And also they are not providing any transportation facility and they are are least bothered about safety of women employees. I saw 2 women employees working till night 10 o clock, with only one security person outside bank. It is too dangerous. Is there any strict law so that we can fight against this.
SAPAN MOHAN
Shops and Commercial Establishments Act regulate working in shops & commercial establishments. Shops & commercial establishment are defined under the said respective State enactment. Earlier, night shift for women was prohibited but after the latest amendment particu;arly in Karnataka Shops & Establishment, 196l, this ban is lifted. but, permission IS REQUIRED WHICH HAS TO BE SUBMITTED TO THE LABOUR COMMISSIONER IN FORM S & REGULATIONS AS TO SAFETY & SECURITY IS GIVEN IN FORM.
SAPNA,
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