working timing of women
5 years ago
Sir,my wife is working in noida metro rail corporation limited.Her reporting officer has put her in evening shift(2pm to 10pm).And they are not providing cab to residence
I want to know about the indian labour law(factory act) regarding what should be the working timing of women in a company.
I have read on internet that no women should be given duty after 7pm and 6am .under special cicumstances(what are those circumstances,plz share) they can be allowed upto 10 pm but they should be given cab with gps in it, with a guard in it and women employee should not be the first and last to be picked up or dropped.
Please give details of the law regarding this.
is there any law regarding cab facility or just guidlines by police or court?
Her company still do not have any working women where she can tell her problems.
please tell me ,where should my wife should go or contact regarding her timing issue as u know it is not safe for her to travel by herself to home after 10pm.
Please share all information regarding this issue. and what should we do.Thank you
A.Dear Sir,
Just read service rules and circulars issued by the said Metro Company then make representation if not acted positively by the Management then approach Service Tribunal or High Court.
For full procedure contact me on mobile through Vidhikarya.
Just read service rules and circulars issued by the said Metro Company then make representation if not acted positively by the Management then approach Service Tribunal or High Court.
For full procedure contact me on mobile through Vidhikarya.
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A.Dear Mr.Yadav,
Everything depends on the type of job she is handing in the Metro.
During the acceptance of the job she must have signed a contract/agreement and that governs .
She must have a Supervisor/Senior Officer to whom she is accountable which means reporting and also performance appraisal etc.
Talk to the person concerned.
Ask for a transfer if there is a possibility and where there are women employees.
Women employees of Software companies are different,education ,pay package,company profile everything is different.
Since you have already done some work try to find out more and see what is applicable to you.
Shanti Ranjan Behera
Advocate
Everything depends on the type of job she is handing in the Metro.
During the acceptance of the job she must have signed a contract/agreement and that governs .
She must have a Supervisor/Senior Officer to whom she is accountable which means reporting and also performance appraisal etc.
Talk to the person concerned.
Ask for a transfer if there is a possibility and where there are women employees.
Women employees of Software companies are different,education ,pay package,company profile everything is different.
Since you have already done some work try to find out more and see what is applicable to you.
Shanti Ranjan Behera
Advocate
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Shreyash Mohta
Responded 5 years ago
A.Indian law prohibits working of female employees beyond permissible hours after 7:00 PM/8:30 PM/9:30 PM/10:00 PM in factories & commercial establishments. Indian law also lays down maximum permissible hours of work as well overtime hours in a day/week. It is to be understood that working beyond permissible hours can only be on rare occasions and not a norm. Any deviation from this requires prior permission of Govt. Authorities. Such permissions are conditional and impose restrictions and duties on the employer aimed at ensuring security of female employees. Arranging for secured transportation to female employees working beyond permissible hours is mandatory. Non-adherence of such conditions attracts penalties. In case a female employee becomes a victim of crime against her body because of such negligence on the part of the employer, management of the employer is exposed to criminal penalties.
[I] Section 66(1)(b) of the Factories Act, 1948 has been declared as unconstitutional by the Madras & Gujarat High Court, as the same has been considered discriminatory and against Fundamental Right of equality enshrined under Article 15 of the Constitution. However, Kerala High Court has upheld the constitutionality. The Madras High Court laid down certain conditions for protection of women incase they are required to work beyond 10 PM, which includes protection against sexual harassment, separate transportation facility, separate canteen facility/restrooms, women to work in groups etc. However, Section 66 is valid in other states as on date preventing female employees from working after 7 PM in the evening till 6 AM in the morning.
[II] In case of commercial establishments the State Governments have been granting exemption to specific establishments or group of establishments, such as IT companies, Hotels, Media Companies etc., allowing them to engage female employees beyond permissible hours at night. These exemptions are conditional and employer needs to follows certain measures such as:
1. Special arrangements should be made for protection of female employees working before 6 AM and after 8.30 PM including transport.
2. Female employees should be provided job jointly or in group.
3. Arrangement of rest rooms and lockers should be made for all women employees.
Police has been informing employers about their duties especially for female employees working at night. In 2010 Police Commissioner S S Deswal of Gurgaon had sent letters to all BPOs in the city directing them to take necessary steps for protection of women, which included proper police verification of cab drivers, security in cabs, GPS enabled cabs, dedicated emergency hotline no. etc.
The order was issued under Section 144 of Criminal Procedure Code and the employers violating the order are liable to be punished under Section 188 (disobedience of an official order) of Indian Penal Code which entails an imprisonment of up to six months or a fine of Rs.1,000 or both.
Company Guidelines are as follows :
1. If a Company intends to retain female employees beyond normal working hours that too at night, the Company should seek appropriate exemption from the State Govt. in respect of the concerned provisions of the Shop and Establishment Act. Company then shall have to strictly adhere to the conditions laid down by the State Govt. in respect of such exemptions.
2.Company shall also have to strictly adhere to maximum permissible working hours, overtime hours in a day/week and maximum spread-over in a day.
3. Few guidelines that a Company may have to adhere to when arranging for transportation of female employees to and fro from their residences at night, when retained beyond permissible hours;
4.A database of all employees, security personnel, cab drivers and of contractual workers should be maintained, for access by the police if required.
5. Security and other contractual personnel should be hired from licensed agencies.
Antecedents of all employees to be verified.
6.A verified security guard to be present in a cab carrying women at night.
7.Women should not be the first to be picked up or last to be dropped.
8.The cab must drop women at their houses and waits till she confirms her arrival through a phone call.
9.If the house of a woman employee is located away from a motorable road, the security guard should accompany her to her house and confirm her safe arrival.
10. Exercise control on the vehicle’s movement to check any unwarranted activities of drivers, such as picking up strangers & straying from the designated route.
11.Install GPS sets in the cabs.
12. A Company may also consider hiring additional resources in order to prevent retaining of female employees beyond normal working hours at night.
Prohibition of Night Work
1.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.
2.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.
3.Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
(After much debate, the ban has been lifted in 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 safety of women should be implemented such as provision of transportation till the doorstep of their residence rather than their ban at work during those hours.)
Sir this is the complete information which is to the best of my knowledge & I believe this helped you. If in case the employers are not listening even after a lot of pleading then they can also be prosecuted under section 188 of the IPC [Disobedience of an official Order] which I have stated before also.
Hope this helped.
Shreyash Mohta
[I] Section 66(1)(b) of the Factories Act, 1948 has been declared as unconstitutional by the Madras & Gujarat High Court, as the same has been considered discriminatory and against Fundamental Right of equality enshrined under Article 15 of the Constitution. However, Kerala High Court has upheld the constitutionality. The Madras High Court laid down certain conditions for protection of women incase they are required to work beyond 10 PM, which includes protection against sexual harassment, separate transportation facility, separate canteen facility/restrooms, women to work in groups etc. However, Section 66 is valid in other states as on date preventing female employees from working after 7 PM in the evening till 6 AM in the morning.
[II] In case of commercial establishments the State Governments have been granting exemption to specific establishments or group of establishments, such as IT companies, Hotels, Media Companies etc., allowing them to engage female employees beyond permissible hours at night. These exemptions are conditional and employer needs to follows certain measures such as:
1. Special arrangements should be made for protection of female employees working before 6 AM and after 8.30 PM including transport.
2. Female employees should be provided job jointly or in group.
3. Arrangement of rest rooms and lockers should be made for all women employees.
Police has been informing employers about their duties especially for female employees working at night. In 2010 Police Commissioner S S Deswal of Gurgaon had sent letters to all BPOs in the city directing them to take necessary steps for protection of women, which included proper police verification of cab drivers, security in cabs, GPS enabled cabs, dedicated emergency hotline no. etc.
The order was issued under Section 144 of Criminal Procedure Code and the employers violating the order are liable to be punished under Section 188 (disobedience of an official order) of Indian Penal Code which entails an imprisonment of up to six months or a fine of Rs.1,000 or both.
Company Guidelines are as follows :
1. If a Company intends to retain female employees beyond normal working hours that too at night, the Company should seek appropriate exemption from the State Govt. in respect of the concerned provisions of the Shop and Establishment Act. Company then shall have to strictly adhere to the conditions laid down by the State Govt. in respect of such exemptions.
2.Company shall also have to strictly adhere to maximum permissible working hours, overtime hours in a day/week and maximum spread-over in a day.
3. Few guidelines that a Company may have to adhere to when arranging for transportation of female employees to and fro from their residences at night, when retained beyond permissible hours;
4.A database of all employees, security personnel, cab drivers and of contractual workers should be maintained, for access by the police if required.
5. Security and other contractual personnel should be hired from licensed agencies.
Antecedents of all employees to be verified.
6.A verified security guard to be present in a cab carrying women at night.
7.Women should not be the first to be picked up or last to be dropped.
8.The cab must drop women at their houses and waits till she confirms her arrival through a phone call.
9.If the house of a woman employee is located away from a motorable road, the security guard should accompany her to her house and confirm her safe arrival.
10. Exercise control on the vehicle’s movement to check any unwarranted activities of drivers, such as picking up strangers & straying from the designated route.
11.Install GPS sets in the cabs.
12. A Company may also consider hiring additional resources in order to prevent retaining of female employees beyond normal working hours at night.
Prohibition of Night Work
1.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.
2.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.
3.Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.
(After much debate, the ban has been lifted in 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 safety of women should be implemented such as provision of transportation till the doorstep of their residence rather than their ban at work during those hours.)
Sir this is the complete information which is to the best of my knowledge & I believe this helped you. If in case the employers are not listening even after a lot of pleading then they can also be prosecuted under section 188 of the IPC [Disobedience of an official Order] which I have stated before also.
Hope this helped.
Shreyash Mohta
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