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Asha Pole (Legal)     02 March 2010

Women working in late nights

Is there any law that restricts a women working in late nights in a hospitality industry as a bartender or in clubs/ pubs mainly for a 5 star hotel. If any kindly provide me the respective details



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 13 Replies

Rajan Salvi (Lawyer)     02 March 2010

M'am, as far as I no there is no such law.

Meenakshi (Lawyer)     02 March 2010

No I have done my hotel management and LLB both.was workin with marrriott,Taj and Sea princess....any job in the hotel industry is a thankless job....Call centres,Hotels,Airlines...Before gettin in this field u should be well versed with the fact that its not a 9 to 5 job....u canbe workin for 12 - 14 hours straight or even 24 hours straight...And night shift? there is nothin called day and night in hotels...But yes hotels like Marine Plaza in Mumbai always giving women Night shifts for safety....

Asha Pole (Legal)     02 March 2010

While I was googling I have got some news stating that in Mumbai women are not allowed to work as bartender after 8.30 pm but I am not able to get any reliable source

Suchitra. S (Advocate)     02 March 2010

I suggest you to go through The Factories (Amendment) Bill, 2005. I suppose the Acts restricts women working in late nights.

Asha Pole (Legal)     02 March 2010

Yeah you are rite , Sec 66 states that women are not allowed to work after 7pm and in some cases after 10pm. Though I am unable to get the exact link, If you could find it, can you please share .Would be highly obliged

Asha Pole (Legal)     02 March 2010

Well  I am looking out for such provision in Bombay Shops & Establishment as the fatories act is not applicable to hotel industry.

Palak Lotiya (Legal Content Writer/ Editor Resource Person)     02 March 2010

Hi,

Hopefully you will find answer to all your questions from this article. Please visit the link and also the references.

https://www.paycheck.in/main/women-paycheck/articles/night-shifts-for-women-2013-law-versus-right

Regards,

Palak

Ashish Ovalekar (Manager Legal & Compliance)     03 March 2010

Dear Asha,

 

For an establishment to work beyond the stipulated timelines as prescribed under the Bombay Shops and Establishment Act, such establishment, has to have a special exemption uner the Act. Normally most IT / ITES companies prefer the same, and are granted exemption. 

I would suggest that i personally visit one of the Labour Offices in Bombay, (either at Parel or Bombay Central) and get the requite details. There are several do's and dont's, and procedural formalities, which those persons can be in a better position to explain. Also an greivances can also be put before them.

Ashish

Ashish Ovalekar (Manager Legal & Compliance)     03 March 2010

Dear Asha,

 

For an establishment to work beyond the stipulated timelines as prescribed under the Bombay Shops and Establishment Act, such establishment, has to have a special exemption under the Act. Normally most IT / ITES companies prefer the same, and are granted exemption. 

I would suggest that i personally visit one of the Labour Offices in Bombay, (either at Parel or Bombay Central) and get the requite details. There are several do's and don’ts, and procedural formalities, which those persons can be in a better position to explain. Also an grievances can also be put before them.

Ashish

1 Like

Asha Pole (Legal)     03 March 2010

Yes even i have got the similar inputs from other sources. It's better we personally visit the labour office.In between if possible can you provide me the link  of Bombay Shops & Establishment website

Ashish Ovalekar (Manager Legal & Compliance)     03 March 2010

Dear Asha,

 

Unfortunately, even though the Labour Department in Maharashtra is strong on the Ground and in implementation, it is not tech savy, and hence no web site is avaliable.

 

Ashish.

Asha Pole (Legal)     03 March 2010

are you sure about the non existence of the website?

V. VASUDEVAN (LEGAL COUNSEL)     05 March 2010

The Shops & Establishments of the respective state has specific restriction for women employees. They also have provisions for exempting a particular industry or a particular establishment on specific application, subject to stringent conditions viz. the lady employee should be provided transport facility with escort, etc. In Maharastra Section 33 of the Bombay Shops & Establishments Act, prohibits woman to work in any establishment after 9.30 p.m.. Please revert if you need the regulation for any other state.

Vasudevan


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