The Government of Karnataka vide its notification D 61 KaBaSe 2015 dated 20.11.2019 will allow to employ women workers in the factories during night shifts i.e. from 7 p.m. to 6 a.m. subject to conditions prescribed thereunder. A quick glance of those conditions are listed here below:
- It is the duly of employer to prevent or deter the commission of acts amounting to sexual harassment and to provide procedures for resolution, statement or prosecutions of acts of sexual harassment by taking all steps required.
- In case of any criminal case the employer shall initiate appropriate action in accordance with penal law without delay and also ensure that victims or witness are not victimized or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected workers, shift or transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment.
- The employer shall maintain a complaint redressal mechanism in the factory itself which shall ensure time-bound treatment of complaint, provide when necessary a complaint committee, a special counselor or other support services including the maintenance of confidentiality.
- Such complaint committee shall preferably be headed by a woman and not less than half of its members should be women besides a non-governmental organization’s representation and such representative should be familiar with issues of sexual harassment.
- The female employees shall be allowed to raise issues of sexual harassment to workers in the workers’ meeting and other appropriate forums.
- The female employees shall be made aware of their rights in particular by prominently notifying the guidelines on the subject.
- Where there is a harassment at the instance of third party, either by an act or omission the employer and person in charge of factory shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
- Employer shall provide proper lighting, CCTV Coverage inside the factory as well as in surrounding area of the factory and to all places where female workers may move out of necessity in the course of such shift. CCTV footage storage shall be not less than forty five days.
- Employer shall see that women workers are employed in a batch not less than ten and the total of women workers employed in a night shift shall not be less than 2/3rd of total strength.
- Sufficient women security shall be provided during night shifts at the entry as well as exit points.
- Sufficient number of rest rooms shall be provided for the female workers to arrive in advance and also leave after the working hours.
- Separate canteen facility shall be provided for female employees.
- Employer shall provide transportation facility to women workers from their residence and back for night shifts and security guards including woken security guard and each transportation vehicle shall also be equipped with CCTV Camera.
- The factory shall be equipped with appropriate medical facilities, necessary telephone connections; where more than 100 women workers are employed in a shift a separate vehicle be kept ready to meet emergency situations for hospitalization.
- The boarding and lodging arrangements provided for women workers shall be kept exclusively for women under the control of women wardens or supervisors.
- During night shifts not less than 1/3rd of strength of supervisor shift-in-charge or foreman or other supervisory staff shall be women.
- There rest or gap between the last shift and night shift for women workers shall be not less than 12 consecutive hours and likewise from night shift to day shift.
- Employer shall appoint minimum of two female wardens per night shift who shall go around and work as special welfare assistants.
- Once in eight weeks the women workers working in night shifts and regular shifts shall have a meeting through their representative with principal employer to address the grievances.
- Employer shall send a fortnightly report to Inspector of Factories about the details of employees engaged during night shifts and shall also send express report wherever there is some untoward incident to the Inspector of Factories and local police station.
- Women workers shall not be compelled or obliged to work in night shifts. A written consent shall be obtained from the women workers who are interested to work in night shifts.
In case of employer’s non-compliance to any or all conditions prescribed in the notification, the Chief Inspector may by an order withdraw the permission issued by this notification to any factory.
For notification, click here.