Haryana

Conditions for employing women workers during night in Haryana

The Government of Haryana, subject to certain conditions, allows the factories in Haryana to apply the exemption of employing women in the factory during night shift that is between 07:00 PM to 06:00 AM. The factories may apply this exemption to employ women workforce for one year from the date of issuance of the notification.

The Conditions are laid down considering the safety and security of women workforce. Accordingly, the factories shall comply with the following:

  • No women shall be subjected to sexual harassment at any workplace in the factories.
  • The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 or any other law or any other instructions / conditions issued in this regard from time to time by the Central Government or State Government , shall be complied with by the occupier of the factory.
  • Every occupier of the factory shall constitute by an order in writing, a Committee to be known as the Internal Committee (IC) as per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
  • Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.
  • Every occupier shall prepare and as often as may be appropriate, revise, a written statement of his general policy showing his commitment with respect to the prohibition of sexual harassment of the women worker at workplace.
  • The order regarding constitution of Internal Committee and Policy on prohibition of sexual harassment shall be displayed at conspicuous places at the workplace.
  • The occupier shall provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work.
  • The occupier or manager shall see that the women workers are employed in a batch of not less than ten.
  • The Occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers.Provided that in case of the driver employed through outsourcing, the management shall ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers carried out by the service provider.
  • Sufficient women security guards shall also be provided at the entry as well as exit point of the factory.
  • The supervisors or shift-in-charge or other supervisory staff deputed for the women workers working during night shift shall be a woman.
  • Declaration/consent from each women worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained.
  • The occupier shall provide appropriate medical facilities by engaging a doctor / female nurse during night shift.Where more than hundred women workers are employed in the shift, a separate vehicle also will be kept ready to meet any emergent situation such as hospitalization, whenever there is a case of injury or incidental acts of harassment etc. Telephone numbers like Police, Hospital, Members of Internal Committee etc. shall be displayed at conspicuous places.
  • In other respects, the provisions of the Factories Act, 1948 and the Rules of other statutory provisions with respect to the hours of work, rest intervals, holidays, separate canteen or rest room facility for women workers, the provisions of Payment of Equal Remuneration Act and all other Labour Legislations shall be followed by the occupier of the factory.
  • The women workers working in all shifts shall have a monthly meeting through their representatives with the occupier as grievance day and the occupier shall try to comply all just and reasonable grievances.
  • The occupier shall organise workshops, orientation programs and awareness programs at regular intervals for sensitising the women workers about their rights to protection against sexual harassment at workplace and the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and rules framed thereunder.
  • The occupier or manager shall send a copy Annual report prescribed under Section 22 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on or before the 31st January of each year to the Labour Commissioner, Haryana and Assistant Director, Industrial Safety & Health of their jurisdiction about the details of women workers.An express report shall also be send to the concerned Assistant Director, Industrial Safety & Health and local Police Station as well, whenever there is some untoward incident.
  • Any other condition as may be specified in this regard by the Central or State Government from time to time.

All the above said conditions shall be applicable to the management of the factories where women workers are working in the factories.

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