Provision for engaging women employee for night shift in a factory (Tamilnadu)?

Dear All,

Kindly share the provisions for engaging women employees for night shifts in a factory in Tamil Nadu. Is there any necessary approval required, or any case law that provides provisions for that? Please share the details if any.

Thank you.

Dear Friend,

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m. After much debate, the ban has been lifted in the majority of industries. For instance, the Factories Act, 1948, which initially banned women from working in night shifts, now liberalized women to work at their desired timing. It was argued that provisions for the safety of women should be implemented, such as the provision of transportation till the doorstep of their residence rather than their ban at work during those hours.

According to the Shops and Establishment Act, no woman shall be required or allowed to work in any establishment after 9:30 PM. In the ITes and IT industry, the provision of women employees working after 8 PM is allowed provided transportation till the doorstep and other security measures for women employees are adhered to.

Hi,

Labour legislation pertaining to employees working on night shifts:

Night shifts generally refer to working hours between 7:00 p.m. and 6:00 a.m. In India, legislations like the Plantation Labour Act, 1951, Factories Act, 1948, State Shops and Establishments Act, etc., contain provisions restricting work during the night for women.

Prohibition of Night Work:

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

After much debate, the ban has been lifted in the majority of industries. For instance, the Factories Act, 1948, which initially banned women from working in night shifts, now liberalizes women to work at their desired timing. It was argued that provisions for the safety of women should be implemented, such as the provision of transportation till the doorstep of their residence rather than their ban at work during those hours. Today, in four districts, there are about 40,000 women employees working three shifts, including night shifts.

Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates that no woman shall be required or allowed to work in any industrial premise except between 6 a.m. and 7 p.m.

Section 46(1)(b) of the Mines Act, 1952 prohibits the employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.

According to the Shops and Establishment Act, no woman shall be required or allowed to work in any establishment after 9:30 PM.

In the ITes and IT industry, the provision of women employees working after 8 PM is allowed provided transportation till the doorstep and other security measures for women employees are adhered to.

Dear Hanna,

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

We are in Kerala. There is a high court verdict that women employees can work till 10 p.m. provided the employer facilitates transportation until the woman worker reaches her home.

Thank you.