On June 07, 2022, the State Government of Haryana has notified certain conditions for employing women during nights shifts in IT, ITEs , Banking establishments, three star or above hotel, logistics and warehousing establishments.
Key conditions are:
- 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.
- Employers should take appropriate steps to prevent sexual harassment at workplace;
- 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 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.
- Such Complaint Committee should preferably be headed by a woman and not less than half of its members should be women besides a non-governmental organization’s representation in the committee. Such person should be familiar with the issues of sexual harassment as is prescribed under the “Act”.
- 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.
- Wherever there is a harassment at the instance of a third party, either by an act or omission, the employer and person in charge of the shop/establishment should take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action. - 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.
- 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. - Employer shall see that the women workers are employed in a batch not less than ten and the total of the women workers employed in a night shift shall not be less than 2/3rd of the total strength.
- Sufficient women security shall be provided during the night shift at the entry as well as exit point.
- Sufficient number of work sheds shall be provided for the female workers to arrive in advance and also leave after the working hours.
- Separate canteen facility shall be provided for the female employees, if number of female employees are more
than 50. - 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.
- Establishment/management shall provide appropriate medical facilities and also make available at any time of urgency by providing necessary telephone arrangement and where more than hundred women workers are employed in a shift, a separate vehicle be kept ready to meet the emergent situation such as hospitalization,
whenever there is a case of injury or incidental acts of harassment etc. - Wherever the establishment/management provides boarding and lodging arrangements for the women workers, the same shall be kept exclusively for the women under the control of women wardens or supervisors.
- During night shift not less than 1/3rd of strength of the supervisors or shift-in-charge or other supervisory staff
shall be women. - There shall be not less than twelve consecutive hours of rest or gap between the last shifts and the night shift wherever a women worker is changed from day shift to night shift and so also from night shift to day shift.
- In other respects, the provisions of the Haryana Shops and Commercial Establishments Act, 1958 and the rules of other statutory provisions with respect to the hours of work and the payment of Equal Remuneration Act and all other Labour Legislations shall be followed by the employer.
- Female workers who work in night shifts and regular shifts shall have a monthly meeting through their representative with principal employer once in eight weeks as grievance day and the employer shall try to comply all just and reasonable grievances.
- Employer shall be at liberty to employ women workers as a whole or in part during night shift, provided,
the above directions be complied with. - 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.
- Management will ensure that the Security Incharge / Management have maintained the Boarding Register/Digitally signed computerized record consisting the Date, Name of the Model & Manufacturing of the Vehicle, Vehicle Registration No. ‘Name of the Driver, Address of the Driver, Phone/Contract No.’ of the Driver and Time Pick up of the women employees from the establishment destination.