Legal Update – Conditions in respect of employing women in the factory during night shift.

Factories Act

Conditions in respect of employing women in the factory during night shift

In exercise of the power conferred by clause (b) Sub-section (1) of Section-66 of Factories Act, 1948 (Central Act 63 of 1948) and in supersession of all other notifications issued in this behalf, the Governor of Haryana hereby prescribes the following conditions in respect of any factory which apply for the exemption for employing women in the factory during night shift i.e. between the hours of 07.00 PM to 06.00 AM, in respect of their Safety and Security. Such exemption shall be valid for one year from the date of issuance of the notification:-

A. No women shall be subjected to sexual harassment at any workplace in the factories.

B. The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or any other law or any other instructions / conditions issued in this regard from time to time by the Central Government or State Government , shall be complied with by the occupier of the factory.

C. Every occupier of the factory shall constitute by an order in writing, a Committee to be known as the Internal Committee (IC) as per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.

D. Every occupier shall prepare and as often as may be appropriate, revise, a written statement of his general policy showing his commitment with respect to the prohibition of sexual harassment of the women worker at workplace and the order regarding constitution of Internal Committee and Policy on prohibition of sexual harassment shall be displayed at conspicuous places at the workplace.

E. The occupier shall provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work and shall see that the women workers are employed in a batch of not less than ten.

F. The Occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers.

G. Sufficient women security guards shall also be provided at the entry as well as exit point of the factory.

H. Declaration/consent from each woman worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained.