Safeguarding Female Employees: Government Exemption under Rajasthan Law

On March 7, 2024, the Rajasthan government issued a significant notification granting exemption to shops and commercial institutions under the Rajasthan Shops and Commercial Institutions Act, 1958. This exemption, effective for three years from the publication date in the Rajasthan Gazette, pertains specifically to the Act. However, this exemption comes with crucial stipulations aimed at safeguarding the rights and security of female employees working during nighttime hours. This notification was published on June 20, 2024.

Key conditions include:

  1. Employers must obtain explicit consent from female employees before allowing nighttime work.
  2. All female employees must receive appointment letters and photo identification cards from their employers.
  3. Employers are accountable for ensuring comprehensive safety measures, including secure transportation for female employees traveling to and from work at night.
  4. Separate restroom and locker facilities must be provided for female employees.
  5. Pregnant women cannot be required to work at night one month before expected delivery and for three months post-childbirth.
  6. Measures to prevent sexual harassment at the workplace must be effectively implemented.

Non-compliance with these conditions will result in automatic termination of the exemption, subjecting the employer to legal consequences under relevant laws.

This notification underscores the government’s commitment to balancing operational flexibility for businesses with stringent safeguards for the welfare and safety of female employees in Rajasthan.

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