The State Government of Madhya Pradesh on 1st August 2022, has notified certain terms and conditions for employing women during nights shifts under the Madhya Pradesh Shops and establishment act, 1958.
It shall be the duty of the employer or other responsible persons the work places or institutions to prevent the commission of acts of sexual harassment and to proceed for prosecution of acts of sexual harassment by taking all steps required. The employer of the Shop and Commercial Establishment shall provide proper lighting not only inside the establishment, but also in the surroundings of the establishment and in all places where the female workers may move out of necessity in the course of their work.
All employers or persons in charge of work place or establishment related to Shops and Commercial Establishment should take appropriate steps to prevent sexual harassment and they should take the following steps:
- Express prohibition or sexual harassment in any form such as unwelcome sexual behaviour either directory or by implication or to gain contact or demand sexual favour or make sexually coloured remarks or showing pornography or any other unwelcome physical contact of sexual nature.
- The rules or regulations shall be framed by the management of the establishment relating to conduct and discipline prohibiting sexual harassment and provide for appropriate penalties in such rules against the offenders and also introduce amendments wherever necessary which are existing in the standing orders.
- Provide appropriate working conditions in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places.
The employer of the Shops and Commercial Establishment shall maintain a complaint mechanism in the establishment itself and the said mechanism should ensure time-bound treatment of complaints. Such mechanism should provide, when necessary a complaint committee, a special counsellor or other support services and maintain confidentiality in such matters;
Further, separate transportation facility shall be provided by the employer or the owner of the establishment. The employer shall ensure pick up and drop transport facility under security from the women employee’s residence to the work place during the night shift. Wherever the Shops and Commercial Establishment provides boarding and lodging arrangements for the female works, the same Shall be kept exclusively for the women under the control of women warden or supervisors.
