Women employment in night shifts
Priyanka Vijay
(Querist) 14 March 2014
This query is : Resolved
Hi there,
My query is "can women employees be employed in night Shifts in IT/ITeS companies if yes, then under which provisions?
My query is specific for the State of Tamil Nadu, Andhra Pradesh and Hariyana.
I could not find any provisions in S&E act of these States.
Please let me know the answer.
regards
Priyanka
Devajyoti Barman
(Expert) 14 March 2014
There is no bar no put woman under night shifts at least by any Central legislation.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
The employment terms and conditions and the offer letters signed by the employees will be the answer. In private sectors, especially in the IT and ITES sector, women working in the late evenings/nights are common and there is no bar by the government on this issue through any statutory law or legislation.
Kumar Doab
(Expert) 16 March 2014
The Central Act: Factory Act 1948………………………………….restricts the employment of women in factories in night shifts.
Other than the Factories Act, 1948, various state Shops and Commercial Establishment Acts also prohibit women from working at night.
The Factories Act, 1948 regulates the working condition of labour in factories in India. In 1950, India ratified the International Labour Organisation’s (ILO) Night Work (Women) Convention (Revised), 1948, No. 89, and amended the Act to prohibit the employment of women between 7PM and 6AM. The ILO Protocol of 1990 to the Night Work (Women) Convention (Revised) 1948 permitted a country to enact national laws that would allow the competent authority to rectify the duration of nightshifts or to introduce exemptions from ban on night work for women for certain branches of activity or occupations.
>>>
-- ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988
23. Special provision for women :- No Woman employee shall be required or allowed to work in any establishment before 6 00 a.m. and after 8 30 p.m.
--Haryana follows:
The Punjab Shops and Commercial Establishments Act,1958
30. CONDITIONS OF EMPLOYMENT OF WOMEN
(1) No woman shall be required or allowed to work whether as an employee or otherwise in any establishment during night:
The state government might have granted exemption as per its IT policy/SEZ policy from the provisions of a few sections of the SHOPS AND ESTABLISHMENTS ACT, to allow women workers to work in the Information Technology related companies during night-shift PROVIDED that the companies take full responsibility for the transportation and security of their women workers.
However the exemptions granted can be withdrawn also.
>>> You may also go thru the publications at IT/ITeS women employee’s union:
Therefore, all IT-BPO companies are responsible for the transportation and security of women workers who work after 8 pm. It is due to this reason that the companies provide home-office transportation to women workers who work in the US shifts (ie login after 8 pm) and those who work in UK shifts (ie logout around 9-9.30pm).
It is also due to this same reason that the ex-head of HP Globalsoft, Som Mittal, is still held responsible in the case relating to the murder of HP employee Pratibha Murthy that happened in Bangalore in 2005.(4) Som Mittal, however, is currently the head of the Indian IT employers association – NASSCOM.
http://ithiworld.wikispaces.com/News+Update
>>> Publication by ILO:
CHAPTER 3: A COMPENDIUM OF NATIONAL LAW AND PRACTICE
I. The prohibition of night employment of women in industry
86. The legal regulation of night work by women in industry differs considerably from country to country. Although most countries have some form of legislation limiting the employment of women workers during the night,………………..
87. In some countries, there is a general prohibition against the night work of women, without distinction of age………………………………………………………
This is principally the case of States parties to one of the Conventions under consideration such as………………………………India, 20…………………
http://www.ilo.org/public/english/standards/relm/ilc/ilc89/pdf/rep-iii-1b-c3.pdf
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
Hope Mr. Kumar Doab's elaborate and proper reply and opinion has cleared the doubts of the author?
Rajendra K Goyal
(Expert) 17 March 2014
Well advised by the expert Kumar Doab ji, agree to it.
