Sheena Ogra , Anirudh Agarwal
March 2, 2023
In light of the powers conferred under the Punjab Shops and Commercial Establishments Act, 1958 (“Punjab S&E”) and superseding all the earlier notifications in this regard, the Government of Haryana vide notification (No. 4490) (“Notification”) dated February 21st, 2023, has laid down certain conditions for employment of women employees during night shifts from 08:00 PM to 06:00 AM working in establishments such as IT, ITeS, Banking establishments, three star or above hotels, hundred percent export oriented establishments, logistics and warehousing establishments, registered under the Punjab S&E in the State of Haryana. This step has been taken by the State Government of Haryana to ensure security, safety, and to safeguard the interest of women employees and apply for grant of exemption regarding such employment of women employees.
The Notification passed by the Haryana Government is a step in the right direction ensuring safety, security, equality, and job opportunity for women workforce in India. The conditions stipulated under the Notification seems to draw a parallel with the objective of the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) which is yet to be implemented by the Government of India.
The Notification mandates that the employers are required to comply with several social security legislations such as the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF”), the Employees’ State Insurance Act, 1948 (“ESI”) and Haryana Labour Welfare Fund thereby, safeguarding and protecting the interests of the women workers employed in their respective establishments during night shifts.
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