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Laws Regulating Women
Working in night shifts
Presented by
Manjunath Reddy
Anil Gopi
Santosh
Mohammed Asrar
Introduction
Nightshifts have been in existence for a long
time; however for India it was only recently
through an amendme...
ILO
• In 1919, the ILO decided to completely prohibit
night work for women in Public and Private Industry.
• However, the ...
ILO
• In june 1990 the general conference of ILO also
had adopted a protocol relating to convention
No. 89, known as the p...
Ratification By India
• The protocol has since been ratified by India and
has come into effect.
• On 16th Aug 2005, the fa...
Acts Before Amendment
• (Old) Factories Act Sec 66(b)
No women shall be required or allowed to work
in any factory except ...
Constitution of India
• Constitution of India Article 14, 15, 16 under
Right of Equality
Article 14 deals with equality be...
Court Judgments
• K.S.Triveni Vs Union Of India 2002
Bone of Contention - Restriction placed on the
employment of women in...
Karnataka Shops and Establishment Act
The Shops and Establishment Act in Karnataka originally
prohibited employing women w...
Measures to Protect Women Working in Night Shifts
• Special arrangements should be made for
protection of female employees...
Measures to Protect Women Working in Night Shifts
• Employers should collect the identification documents
from drivers, se...
Measures to Protect Women Working in Night Shifts
• GPS based monitoring of cabs/transport vehicles
with panic buttons.
• ...
Measures to Protect Women Working in Night Shifts
• Security staff and drivers to be employed only after
police verificati...
Measures to Protect Women Working in Night Shifts
• Setting up of a sexual harassment committee
reporting to the Managing ...
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Laws regulating women working in night shifts

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Nightshifts have been in existence for a long time; however for India it was only recently through an amendment to the Factories Act 1948 that it was allowed under the law for women to work nightshifts.

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Transcript of "Laws regulating women working in night shifts"

  1. 1. Laws Regulating Women Working in night shifts Presented by Manjunath Reddy Anil Gopi Santosh Mohammed Asrar
  2. 2. Introduction Nightshifts have been in existence for a long time; however for India it was only recently through an amendment to the Factories Act 1948 that it was allowed under the law for women to work nightshifts.
  3. 3. ILO • In 1919, the ILO decided to completely prohibit night work for women in Public and Private Industry. • However, the Convention stated that the night work should be permitted in case of, force majeure, when in any undertaking there occurs an interruption of work which was impossible to foresee and which is not of a recurring nature or in case where the work has to do with raw materials or materials in the course of treatment, which are subject to rapid deterioration, when such night work is necessary to preserve such materials from certain losses.
  4. 4. ILO • In june 1990 the general conference of ILO also had adopted a protocol relating to convention No. 89, known as the protocol of 1990 to the night work(women) convention(revised), 1948. • Under the provision of the protocol, the competent authority in a country under its national laws and regulations is authorized to modify the duration of the night shift or to introduce exemption from the prohibition within certain limits.
  5. 5. Ratification By India • The protocol has since been ratified by India and has come into effect. • On 16th Aug 2005, the factories Act 2005 (Amendment) was introduced in the Loksabha. • The bill proposed to amend section 66 of Factories act 1948, so as to provide flexibility in the matter of employment of women during night shift with adequate safeguards, dignity, honour and transportation.
  6. 6. Acts Before Amendment • (Old) Factories Act Sec 66(b) No women shall be required or allowed to work in any factory except between the hours of 6 am and 7 PM. • Shops and Establishment Act 1948 sec 33 No women shall be required or allowed to work in any establishment after 9.30 PM.
  7. 7. Constitution of India • Constitution of India Article 14, 15, 16 under Right of Equality Article 14 deals with equality before law. Article 15 deals with prohibition of discrimination on grounds of race, caste, sex or place of birth. Article 16 deals with equality of opportunity in matters of public employment.
  8. 8. Court Judgments • K.S.Triveni Vs Union Of India 2002 Bone of Contention - Restriction placed on the employment of women in factories act sec 66. The challenge was on the ground of discrimination. • Som Mittal Vs Govt of Karnataka criminal Appeal No.206 of 2008-09-01 Rape Case of Prathiba Murthy, BPO employee of HP global soft Ltd, Bangalore.
  9. 9. Karnataka Shops and Establishment Act The Shops and Establishment Act in Karnataka originally prohibited employing women workers after 8pm. However, this act was amended to enable women employees to work in BPO industry, where night shifts are common. The amendment allows the companies to have female workers work past 8pm, provided the companies adequately take care of their security and maintain safe work environment for them. Thus, the employers were mandated by the rule to provide transportation and other security measures for women employees who work past 8pm.
  10. 10. Measures to Protect Women Working in Night Shifts • Special arrangements should be made for protection of female employees working before 6AM and after 8.30 PM including transport. • Female employees should be provided job jointly or in group. • Every vehicle transporting women employees be issued special pass. • Every company should provide a security guard with the vehicle for women employee.
  11. 11. Measures to Protect Women Working in Night Shifts • Employers should collect the identification documents from drivers, security guards and all casual staff. • 24x7 operational CCTV at vital locations or places, such as entry/ exit, common passages, etc. • Installation of electronic doors allowing access to the work area only to authorized employees / staff. • High security fencing to discourage human trespassing in factory/office premises or campuses. • Security guard or a colleague to accompany the driver in the cab, if a woman staff working in a night shift is either the first to be picked up or last to be dropped.
  12. 12. Measures to Protect Women Working in Night Shifts • GPS based monitoring of cabs/transport vehicles with panic buttons. • SMS Alerts / Information Systems to be designed/installed. • Separate and secure toilets for women close to their work station. • Clearly displayed emergency contact numbers and a designated officer(s) available round the clock to be contacted in emergency.
  13. 13. Measures to Protect Women Working in Night Shifts • Security staff and drivers to be employed only after police verification or to be recruited from reputed agencies that have such measures in place. • Compliance and Audits / Random Checks / Patrolling to be done periodically including breath analysis of cab drivers. • 24x7 transport helpdesk for drivers & staff / family members with dedicated emergency cab on standby for exigencies. • Strict surveillance of visitors.
  14. 14. Measures to Protect Women Working in Night Shifts • Setting up of a sexual harassment committee reporting to the Managing Director or a senior member of the management and headed by a woman. • Training of all women staff on staying alert and being better prepared. • Self-defence classes to be organized at the workplace or sponsored by the organisation.
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