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lakshmi (-)     08 March 2008

regarding Night Shifts

Hi All,

S:66 of the Factories Act,1948 provides for the restrictions on employment of women.According to this section: No woman shall be required or allowed to work in any factory except between the hours of 6a.m and 7p.m.

   Provided the Govrnment may,by notification in the Official Gazette shall make such variations in respect of any factory,BUT no such Variation shall authorize the employment of any woman between 10p.m and 5a.m.

 Now,this being the legal aspect...How can the IT/MNCs employ during 10p.m and 5a.m??

 



 13 Replies

partharajagopal (HR)     08 March 2008

Hi Lakshmi Factories act not applicable to it companies with regards partha

Prakash Yedhula (Lawyer)     08 March 2008

Under THE FACTORIES (AMENDMENT) BILL, 2005, the said section is sought to be amended

For section 66 of the Factories Act, 1948, the following section shall be substituted,
namely:—
“66. The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:—
(a) no exemption from the provisions of section 54 may be granted in respect of any woman;
(b) there shall be no change of shifts except after a weekly holiday or any
other holiday;
(c) no woman shall be required or allowed to work in any factory except
between the hours of 6 A.M. and 7 P.M. :
Provided that where the occupier of the factory makes adequate safeguards in
the factory as regards occupational safety and health, equal opportunity for woman
workers, adequate protection of their dignity, honour and safety and their transportation
from the factory premises to the nearest point of their residence, the State Government
or any person authorised by it in this behalf may, by notification in the Official Gazette,
after consulting the concerned employer or representative organisation of such employer
and workers or representative organisations of such workers, allow employment of
woman workers between the hours of 7 P.M. and 6 A.M. in such factory or group or
class or description of factories subject to such conditions as may be specified therein.

STATEMENT OF OBJECTS AND REASONS

Section 66 of the Factories Act, 1948 prohibits employment of women in factories between 7.00 P.M. and 6.00 A.M. This section was incorporated in the Act, after India’s ratification of the International Labour Organisation (ILO) Convention No. 89. The State Governments, however, have the power to vary the limits laid down under clause (b) of subsection (1) of the said section so as to permit employment of women in any factory or class
of factories, but no such authorisation can permit employment of women between 10.00 P.M. and 5.00 A.M.

2. In the recent past, many women’s organisations have filed Writ Petitions in certain High Courts seeking, inter alia, directions for amending the Factories Act, 1948 with a view to permitting night work by women on the ground that the provisions of the Act are discriminatory and gender biased. Some of the Courts have allowed employment of women
during the night shift and two High Courts have struck down clause (b) of sub-section (1) of
section 66 of the aforesaid Act as unconstitutional.

3. In June, 1990, the General Conference of ILO also had adopted a Protocol relating to Convention No. 89, known as the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948. Under the provisions of the Protocol, the competent authority in a country under its national laws and regulations is authorised to modify the duration of the night shifts or to introduce exemption from the prohibition within certain limits. The Protocol has since been ratified by India and has come into effect on 21st November, 2004.

4. In order to provide flexibility in the matter of employment of women during night,it is necessary to amend section 66 of the Factories Act, 1948. It is, therefore, proposed to amend the said section so as to provide certain flexibilities. However, the occupier has to ensure certain occupational safety and adequate protection to the women so employed. The proposed amendment will also result in optimal utilisation of the installed capacity, promotion of exports and generation of employment opportunities for women.

5. The Bill seeks to achieve the above objects.

But I am not sure whether the Bill has been passed as yet.

Guest (n/a)     08 March 2008

Log on to www.hrassistance.blogspot.com for some information on Night shift

lakshmi (-)     08 March 2008

thankyou Mr.Prakash...

lakshmi (-)     08 March 2008

Hi,thanx ramesh

hrkalyan (n/a)     08 March 2008

Hi Lakshmi Consequent to the Apex Court guidelines in "Vishaka & Others Vs State of Rajasthan" case, the Madras High Court has struck down Sec 66(1)(b) of the Act. Hence there is no impediment in employing women during night hours, but they have to comply with the guidelines laid down in Vishaka Case. If you need the soft copy of the judgment, you can either mail me or down load it from judis.com. Thanks & Regards Kalyan R rk.kalyan@scl.co.in 919840942232

hrkalyan (n/a)     08 March 2008

Hi, I have wrongly mentioned the name of web site. It is www.judis.nic.in The Madras High Court judgment referred above was "R. Vasantha Vs Union of India". Justice Hon'ble E. Padmanabhan. It was reported in 2001 (1) LLN. This judgment contemplated engaging women during night hours subject to fulfillment of certain conditions. Thanks & Regards Kalyan R

rituraj (Advocate)     09 March 2008

Hi
dowload the judgement of Vishaka & Ors V/s State of Rajashtan. Download it from here.
https://rapidshare.de/files/38780335/vishaka.htm.html


P.S Why is the board not having the facility of uploading the files

lakshmi (-)     09 March 2008

hi Mr. Kalyan thankyou so much... regards lakshmi....

Prakash Yedhula (Lawyer)     09 March 2008

Hello Rituraj, There is a separate share files section where you can upload files or you can also post the judgment in the judiciary section

rituraj (Advocate)     11 March 2008

thanks mr prakash. Btw my compliments for such a wonderful site. Are u a lawyer??

Prashant Malha (Quality Menor)     03 March 2014

HI SIR, This is Prashant working as Quality mentor wanted to know, an employee of reputed company registered under Maharashtra Shop and establishment act, doing night shift will compulsory should wait back for overtime?

Kumar Doab (FIN)     03 March 2014

>>> The_Bombay_Shops_Establishments_Act:

13. Opening and closing hours of commercial establishments

14. Daily and weekly hours of work in shops and commercial establishment.-

(1) Subject to the 29 [other] provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.

(2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed [six] hours in any week.

[15. Interval for rest.-

17. Spread-over in commercial establishments

38. Application and amendment of the Payment of Wages Act.

>>> If employer has asked for OT it should pay OT along with payment of wages and maintain record of OT.

 

Employee should also lodge claim of OT in reasonable time. 


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