The State Government of Haryana vide its notification dated 7th June 2022, has notified certain conditions for employing women during nights shifts in IT, ITEs , Banking establishments, three star or above hotel, logistics and warehousing establishments.
The Government has laid down the following conditions which are to be adhered to while employing female workers in the night shift under the Punjab Shop and Commercial Establishment Act, 1958.
- It shall be the duty of the employer or other responsible persons at work places or institutions to prevent/deter the commission of acts of sexual harassment and to provide the procedures for a resolution, statement or prosecution of acts of sexual harassment by taking all steps required as per the provisions of the sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013.The employer/occupier must submit a copy of annual return which is to be submitted to the district authority under the Act and also to the labour commissioner, Haryana.
- The employer shall maintain a complaint redressal mechanism in the shop/establishment itself and the said mechanism should ensure time-bound treatment of complaints. Such mechanism should be at any rate to provide, when necessary a Complaint Committee, a special counsellor or other support services including the maintenance of confidentiality
- The female employees should be allowed to raise issues of sexual harassment to workers in the Workers’ meeting and other appropriate forums, written or in electronic form or through a complaint box.
- The female employee should be made aware of their rights in particular by prominently notifying the guidelines on the subject.
- In case of any criminal case the employer shall initiate appropriate action in accordance with the penal law without delay and also ensure that victims or witnesses are not victimised or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment.
- The employer shall provide proper lighting not only inside the shop/establishment, but also surrounding of the shop/establishment and to all places where the female workers may move out of necessity in the course of such shift.
- 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 and a copy of the same shall be forwarded to the Labour Commissioner, Haryana.
- Separate canteen facility shall be provided for the female employees, if number of female employees are more than 50.
- The employer shall provide transportation facility to the women workers from their residence and back (for the night shift) and security guards (including female security guard) and each transportation vehicle shall also be equipped with CCTV cameras.
- During night shift not less than 1/3rd of strength of the supervisors or shift-in-charge or other supervisory staff shall be women.
- The employer shall send a half yearly report to the Labour Commissioner Haryana about the details of employees engaged during night shifts and shall also send immediate report, whenever there is some untoward incident, to the Labour Commissioner and local Police Station as well.
