Under the Contract Labour Act (Karnataka Rules 1974), progressive and mandatory guidelines (on women’s employment during night shifts) have been passed, which is applicable to all factories, establishments, IT and BT sectors.
Progressive, mandatory guidelines
As per the new guidelines (vide paper publication dated 24 December 2016, you (as an employer) must follow and implement these guidelines:
• All establishments registered under Shops & Commercial Establishments Act should obtain necessary permissions from Department of Labour to engage women employees during night shifts.
• Factories should follow the guidelines strictly. The Occupier is responsible to ensure the strict implementation.
• Minimum more than 1 woman employee should be engaged for night shifts.
• Women employees should be engaged on periodical rotation basis for night shifts.
• Voluntary consent letter should be obtained from all women employees, who will be engaged in night shifts.
• Free pickup and drop facility should be provided from each individual residence to workplace and back. Avoid dropping near the main road, locality or common meeting point.
• An escort/ security guard should accompany each vehicle.
• Male employees, if any, should be picked up first and dropped last.
• Women employees should not be dropped at any location other than their home address. In case of emergency, the driver has to obtain a slip signed by the concerned female employee and countersigned by other employees on reasons for getting dropped elsewhere.
• All drivers’ (whether engaged by an agency or directly by the company) background checks and verifications should be completed before they start work.
• Display of mobile numbers or transport hotline inside the vehicle to pass on emergency information is a must.
• Emergency contact persons must be company-engaged direct employees or managers and not outsourced employees.
• Contact numbers of employees should be maintained only by direct employee or responsible person of the company. Agency employees should not be furnished with any employees’ contact details.
• Trip sheets should be properly arranged. And an SMS stating driver, vehicle number and driver’s contact number should be sent to all employees before pick up. Any changes to these details should be intimated to all employees beforehand.
• A separate desk/ control room should be managed by a direct employee to receive any emergency phone call and not by an outsourced agency employee. Information about women employees should not be disclosed to any agency employees.
• Random check of vehicles by company employees or supervisors should be done.
• Details of all vehicles, drivers, RC book and year of manufacture of vehicles should be be maintained and updated periodically. Vehicles should be changed as per agreement with the agency.
• Company should bear the cost of crèche for employees’ children up to six years of age.
• Patrol guards should be present inside the company premises during night shifts. Female guards should be provided; please ensure that the female guards also leave the premises after 6 AM.
Consequences of non-compliance
Failure to adhere to the above guidelines will warrant withdrawal of license, permission and/or will attract legal action against the occupier or factory manager.
