Today when we speak of employee welfare, how often do we talk about the safety of our women employees? Amongst the many problems female employees face at work, we often read about the issue of night shifts.
Every woman employee in India is confident in her job profile and the responsibilities she holds; however, they are not as confident about safety at work. To ensure that employees feel safe at work and while traveling for work, the government has something called the Maharashtra Shops and Establishment Act which mentions a few laws on the consent of women workers for night shifts in Maharashtra.
In this article, we will explore more about the act and learn about the form L, consent of women worker on night shift in Maharashtra. This article will be of great help if you are a startup or you are redesigning the employee guidelines.
This article covers the following:
- Maharashtra Shops and Establishment Act of 2017
- Consent of women worker to work in night shift: Maharashtra S&E Act
- Conditions for employment of women workers
- 9 things your organization must provide to women workers in night shift
- How can Deskera assist you?
Maharashtra Shops & Establishment Act of 2017
The Act introduced significant reforms for the employment conditions of the workers in the areas particularly related to the time of operation, overtime, holidays and leave, welfare, health, and safety of the workers.
In line with the Equal Remuneration Act, 1976, this act provides no discrimination for women workers in matters like recruitment, promotion, training, or transfer. The act has introduced facilitators who have dual roles, the main function being advising the employers and the workers towards better compliance with the act and the inspection of the Establishments.
Also, instead of inspection at any reasonable time based on the discretion of the labor authorities, inspections are allocated randomly through an online portal. In order to ensure ease of doing business, the Labor Department, Government of Maharashtra has simplified the process of issuing the registration certificate of shops and establishments under this act.
Establishments employing ten or more employees need to obtain the registration certificate (online), which will be valid for a lifetime. The Department has abolished the provisions for renewals which needed to be done from time to time. The firms employing less than 10 workers only need to intimate about the commencement of their shops/ establishments.
Consent of Women Worker in Night Shift: Maharashtra S&E Act
Notwithstanding anything contained in this Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complexes or mall, or for different areas or areas and for a different period.
Subject to the other provisions of this Act, no adult worker shall be required or allowed to work in any establishment for more than nine hours on any day and forty-eight hours on any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour.
Provided that the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator. No woman worker shall be discriminated against in the matter of recruitment, training, transfers or promotion or wages.
No woman worker shall be required or allowed to work in any establishment except between the hours of 7 a.m. and 9-30 p.m. Provided that, the woman working with her consent, shall be allowed to work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate protection of their dignity, honor and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorized representative or manager or supervisor.
Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9-30 p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants, residential hotels, permit rooms, bars, spa-massage parlors, lodges or any business or any trade or occupation in such area or areas as it may deem fit.
The spread-over of a worker in an establishment shall not exceed ten and half hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread-over shall not exceed twelve hours.
Where a worker in any establishment is required to work beyond nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty-five hours in a period of three months.
A department or any section of a department of the establishment may work in more than one shift at the discretion of the employer, and if more than one shift is worked, the worker may be required to work in any shift at the discretion of the employer.
An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed a weekly holiday of at least twenty-four consecutive hours of rest. If a worker is denied a weekly holiday, the compensatory leave in lieu thereof shall be given within two months of such weekly holiday.
The period and hours of work in a week for all workers in such shift shall be informed well in advance to all workers in writing and sent to the Facilitator electronically or otherwise. Where a worker is required to work on a day of his rest, he shall be entitled to wages at twice his ordinary rate of wages.
No deduction shall be made from the wages of any worker in an establishment on account of any day on which it has been a weekly holiday under this section. If a worker is employed on a daily wage, he shall nonetheless be paid his daily wage for the day of his weekly off.
Suppose a worker is paid a piece rated wage. In that case, she shall nonetheless be paid her wage for the day of her weekly holiday at a rate equivalent to the daily average of her wages for the days on which he has actually worked during the six days preceding such holiday, exclusive of any earnings in respect of overtime. Provided that, nothing in this sub-section shall apply to any worker whose total period of continuous employment is less than six days.
Conditions for Employment of Women Workers
Here is your list of conditions for employment of women workers:
- The employer shall take all the measures and safeguards to prevent or deter the commission of the acts of sexual harassment at the place of work by strictly implementing and enforcing all the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013).
- In case of sexual harassment at the instance of a third party, either by an act of commission, the employer shall take all necessary and reasonable steps to assist the affected women workers in support and preventive action.
- Provide proper lighting and illumination inside the establishment and also surroundings and to all places where the women worker may move out of necessity in the course of such shift.
- Every employer shall maintain a complaint box. Every employer shall also display the phone numbers of the local police station, control room, and women helpline number prominently in the establishment.
- A sufficient number of women security guards shall be employed in the establishment employing not less than ten women workers. The Police verification of such women security guards shall be mandatory.
- Separate urinals and latrines shall be maintained for women workers with a safety locking facility only from inside.
9 Things Your Organization Must Provide To Women Workers In Night Shift
Women workers shall be allowed to work between 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining their consent in Form ‘L’. The number of women workers employed in the night shift shall not be less than three at any point in time.
To provide a safe and secure separate transportation facility for all the women workers working the night shift from the workplace to the doorstep of their residence and vice-versa.
The employer shall have all the details of the drivers, guards, and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory.
- In addition to the holidays as mentioned in section 18 of the Act, every woman worker who works the night shift as per her shift schedule shall be eligible for one additional paid holiday every two months in a year.
- There shall be not less than twelve consecutive hours of rest or a gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and from night shift to day shift.
- No women worker shall be allowed to work in night shift during twenty-four weeks before and after her childbirth, of which at least twelve weeks shall be before the expected childbirth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child.
Provided that, the said period may be relaxed at the request of women working on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered.
- Every employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honor of women workers in general and particularly of those on night shift.
- Transport facility: The employer must provide secure and separate transportation facilities for all women workers working in the night shift from and to their place of work and residence.
Further, employers are required to have all details of drivers, guards and all such workers engaged directly or through third party agencies. Police verification of all such workers engaged for ensuring safe transportation of women workers in the night has been made mandatory;
- Additional holiday: In addition to the holidays granted to employees under the Shops Act, women workers working in the night shifts are eligible for one additional paid holiday for every two months in a year;
- Shift schedule: There should not be less than 12 consecutive hours of rest or gap between the previous shift and her night shift, whenever a woman worker is changed from the day shift to the night shift or vice versa.
- Working during and after pregnancy: Establishments are prohibited from allowing women workers to work night shifts during the period of 24 weeks before and after childbirth, of which at least 12 weeks shall be before the expected child birth.
This restriction may continue for a further period if it is necessary for the health of the woman worker or her child. However, the restriction may be relaxed at the request of the women worker if a qualified medical practitioner provides a medical certificate stating that neither the health of the woman nor her child will be negatively impacted by the work.
9. Annual undertaking: Every employer employing women in the night shift is required to annually submit an undertaking, to the relevant Facilitator, that it is in compliance with the rules in relation to employing women in the night shifts and that it has taken due care and diligence regarding the safety, dignity and honor of women workers.
What Must I Include In Company Website?
- Notice of hours of work, rest intervals and weekly holidays: Every employer is required to display a notice on its website and at a conspicuous place in the premises in the establishment showing the hours of work, rest interval and weekly holiday.
- Notice of shift schedule and weekly holidays: In case of an establishment operating in shift, the employer is required to display, well in advance, a shift schedule showing the names and designation of all persons working in that shift. A copy of this notice is also to be sent to the Facilitator, electronically or otherwise.
- Managerial function defined: The Act specifically provides that it shall not apply to inter alia, a worker occupying a position of confidential, managerial or supervisory character in an establishment (a list of which is to be displayed on the website of the establishment or in a conspicuous place in the establishment and a copy should be sent to the Facilitator).
The Rules now define ‘managerial functions’ to mean all such functions which are inherently supervisory in nature and have the power and authority to take all policy and administrative decisions in an organization such as the power to sanction leave, award increments, take disciplinary action, to terminate, suspend or dismiss a worker, etc.
4. Information on persons discharging managerial functions and persons in confidential capacity: The Rules require employers to inform the Facilitator, in the prescribed format, the names, designations and brief nature of duties of persons discharging managerial functions.
Employers are also required to inform the Facilitator of the names of persons who are occupying positions of a confidential nature in an establishment. The number of persons occupying positions of a confidential nature shall not be more than one percent of the total strength of workers of the establishment subject to a maximum of fifty persons.
The aforementioned information is to be submitted annually and whenever there is any change in the details, during the year.
5. Compounding of offences: The Rules prescribe a time-bound mechanism for compounding of offences under the Shops Act.
How Can Deskera Assist You?
Deskera People provides all the employee's essential information at a glance with the employee grid. With sorting options embedded in each column of the grid, it is easier to get the information you want.
Key Takeaways
- The Act introduces significant reforms for the employment conditions of the workers in the areas particularly related to the time of operation, overtime, holidays and leave, welfare, health and safety of the workers.
- The employer shall take all the measures and safeguards to prevent or deter the commission of the acts of sexual harassment at the place of work.
- Provide proper lighting and illumination inside the establishment and also surroundings of the establishment and to all places where the women worker may move out of necessity in the course of such shift.
- Women workers shall be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’.
- The number of women workers employed in the night shift shall not be less than three at any point in time.
- In addition to the holidays as mentioned in section 18 of the Act, every woman worker who works the night shift as per her shift schedule shall be eligible for one additional paid holiday every two months in a year.
- The employer must provide secure and separate transportation facilities for all women workers working in the night shift from and to their place of work and residence.
- Every employer employing women in the night shift is required to annually submit an undertaking, to the relevant Facilitator.
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