The Gujarat government is taking a significant step toward gender inclusivity and workforce empowerment by proposing amendments to the Factories Act, 1948. This change aims to lift restrictions on women working night shifts in factories and commercial establishments, a move that could reshape the industrial employment landscape in the state. Gujarat Eases Night Shift Rules via New Amendment
Current Legal Framework: Section 66 of the Factories Act, 1948
Under the existing provisions of Section 66 of the Factories Act, 1948, women are prohibited from working in factories between 7 PM and 6 AM. Gujarat Eases Night Shift Rules via New Amendment
The law states:
“No woman shall be required or allowed to work in any factory except between the hours of 6 AM and 7 PM.”
This restriction has long been a barrier to women’s participation in industrial employment, particularly in sectors that operate round-the-clock. Companies, including multinational corporations, have faced challenges in employing women for night shifts due to these legal limitations. Gujarat Eases Night Shift Rules via New Amendment
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The Proposed Amendment
The Gujarat government plans to amend Section 66 of the Factories Act through an ordinance. The amendment will allow women to work during night hours, provided strict safety measures and workplace protections are implemented. This change aligns with similar reforms introduced in other Indian states like Madhya Pradesh, Andhra Pradesh, and Uttar Pradesh, which have already relaxed such restrictions under specific conditions.
Legal Precedents and Similar Reforms
Several Indian states have already implemented similar reforms under strict conditions:
- Madhya Pradesh: Employers must ensure compliance with PoSH Act provisions and maintain a minimum ratio of women workers during night shifts.
- Andhra Pradesh: Written consent from women employees is mandatory, along with transportation facilities and maternity benefit compliance.
- Uttar Pradesh: Employers are required to report any untoward incidents promptly and provide monthly updates to local authorities regarding women working night shifts.
These reforms have been upheld by courts as measures that empower women while safeguarding their rights and welfare.
Implications for Businesses
The proposed amendment is expected to benefit both employers and employees:
- For Employers:
- Companies will have greater flexibility in workforce management for round-the-clock operations.
- Multinational corporations can streamline permissions for employing women in night shifts without facing local administrative hurdles.
- For Women Employees:
- The amendment opens up new opportunities for career growth in industrial sectors.
- Enhanced workplace protections will ensure their safety and dignity. Gujarat Eases Night Shift Rules via New Amendment
Challenges and Responsibilities
While this amendment is a progressive step, it comes with challenges that businesses must address:
- Implementation Costs: Strengthening workplace protections and providing transportation facilities may increase operational costs.
- Monitoring Compliance: Regular audits and inspections will be required to ensure adherence to safety protocols.
- Cultural Shift: Employers need to foster an inclusive work culture that supports gender diversity.
Safety Measures Required for Women Working Night Shifts Under the New Amendments
The Gujarat government’s proposed amendments to the Factories Act aim to empower women by allowing them to work night shifts in factories and commercial establishments. However, this initiative is contingent upon strict safety and welfare measures to ensure the dignity, security, and well-being of women employees. Below are the key safety provisions outlined under the new amendments:
1. Enhanced Workplace Security
- Factories must install CCTV surveillance systems and ensure adequate lighting in all premises.
- Employers are required to create a harassment-free environment by implementing robust mechanisms under the Prevention of Sexual Harassment (PoSH) Act.
- Security personnel, including female guards, must be stationed at entry and exit points.
2. Transportation Facilities
- Employers must provide safe transportation options for women working night shifts. This includes pick-up and drop-off services directly to their residences.
- Vehicles used for transportation should have adequate security measures, such as GPS tracking and female escorts during transit.
3. Written Consent
- Women employees must provide voluntary written consent before being assigned night shifts, ensuring their participation is entirely optional.
4. Group Deployment
- Women working night shifts must be deployed in groups of at least four or ten, depending on the size of the workforce, to ensure mutual support and safety.
5. Basic Amenities
Factories must provide:
- Clean washrooms, changing rooms, and drinking water facilities near workplaces.
- Restrooms and night creches for women employees who may require additional support during night shifts.
- Separate sitting areas in canteens for female employees if their number exceeds 50.
6. Mandatory Rest Periods
- A mandatory 12-hour rest period between shifts must be ensured to prevent fatigue among women employees working night shifts.
7. Supervision During Night Hours
- Adequate supervision must be provided during work hours, with at least one-third of supervisors being women.
- Employers are required to ensure sufficient oversight during transit as well as within factory premises.
8. Emergency Medical Facilities
- Factories employing more than 100 female workers in night shifts must maintain a separate vehicle for hospitalization in case of emergencies.
- Employers should also provide access to immediate medical facilities and emergency contact systems.
9. Grievance Redressal Mechanisms
- Factories must set up a confidential complaint system to address grievances promptly under the PoSH Act.
- Monthly meetings between women representatives and employers should be conducted to discuss workplace concerns.
10. Reporting Requirements
- Employers are required to submit monthly reports detailing the number of women engaged in night shifts to labor authorities. Any untoward incidents must be reported immediately to local police stations.
11. Awareness Campaigns
Employers should prominently display information about women’s rights and workplace protections within factory premises to create awareness among employees
Broader Impact on Gender Inclusivity
The proposed amendment reflects Gujarat’s commitment to creating an inclusive work environment. By enabling women to participate fully in industrial employment, the state is taking a crucial step toward achieving gender equality in the workforce. This move also aligns with global trends where companies are increasingly focusing on diversity and inclusion as part of their corporate social responsibility initiatives.
Conclusion
The Gujarat government’s plan to amend Section 66 of the Factories Act is a landmark initiative aimed at empowering women while ensuring their safety and welfare. By addressing long-standing barriers to employment during night hours, this reform has the potential to unlock new opportunities for women in industrial sectors. However, its success will depend on strict enforcement of safety measures and active collaboration between employers, employees, and regulatory authorities.
