Breaking Barriers: Rajasthan Government Opens Doors for Women to Work Night Shifts

The Labour Department of the Government of Rajasthan vide a notification published in its Official Gazette no. F.14 (11) (1) Labour/Law/2017, dated March 19, 2024 (“Notification”), has issued directives regarding the lifting of restrictions on the employment of women workers during night-time shifts in the shops and commercial establishments in Rajasthan. These instructions are subject to specific terms and conditions outlined in the Notification, aimed at ensuring the safety of women workers.
Through this Notification, the Rajasthan State Government has invoked its authority under section 3(2) of the Rajasthan Shops and Commercial Establishments Act, 1958 (“S&E Act”). This section provides the State Government of Rajasthan with the power to grant exemptions, either permanently or for a specified period, to any establishment or class of establishments, or to any person or class of persons to whom the S&E Act applies. Such exemptions may involve waiving some or all provisions of the S&E Act, subject to conditions determined by the State Government, as published in the Official Gazette.
Through the Notification, the State Government of Rajasthan is providing an exemption to all the registered shops and commercial establishments from the provision of Section 22 of the S&E Act, for a period of 3 (three) years from the date of publication of this Notification in the Rajasthan Gazette. The Section 22 of the S&E Act states that no woman or child between the ages of 12 (twelve) and 15 (fifteen) shall be required or allowed to work whether as an employee or otherwise, in any establishment during night. However, as mentioned above, now the prohibition for employment of women during night has been removed for a period of 3 (three) years subject to the fulfillment of the conditions specified under the Notification.

Conditions Specified Under the Notification

1. The employer is allowed to employ the female employees at night only after obtaining her consent.

2. All women employees working during night shall be issued appointment letters and photo identity cards by their respective employers.

3. In case of women employees working at night, it shall be the responsibility of the respective employer for their complete safety and the employer shall also provide safe transport arrangements for all such women employees to travel from home to their workplace and back, at night.

4. Separate rest rooms and lockers for storing luggage should be provided to the women employees at the workplace.

5. A pregnant woman employee shall not be called to work at night 3 (three) months before her expected delivery date and 3 (three) months after giving birth to the child.

6. The employer will ensure arrangements to prevent possible acts and incidents of sexual harassment in the workplace.

Other Instructions

Further, the said exemption is provided to the shops and commercial establishments only for a period of 3 (three) years from the date of publication of the Notification. However, in cases where the employer in shops and commercial establishments is a woman and such shops or establishments are run by the woman herself and where all the employees employed in them are women, then the exemption period for those establishments has been provided to be of 4 (four) years.
Moreover, a penalty has also been provided under this Notification, which states that if any shop or commercial establishment registered under the said S&E Act violates or fails to meet the conditions mentioned in the Notification, the said exemption will be considered automatically terminated. As a result, the employer will then be held responsible for any or all legal action instituted under the said S&E Act along with all other applicable laws.

Conclusion

The Notification issued by the Rajasthan State Government holds significant importance, particularly in today's context where women are increasingly empowered and are working alongside their male counterparts. Previously, the provisions under the S&E Act posed a barrier for women employees who sought to work at night and advance in their careers. However, this Notification addresses these concerns by prioritizing the safety and empowerment of women in the workforce. The Notification introduces measures such as obtaining consent from women employees, providing transportation facilities, and establishing separate restrooms, all aimed at ensuring their safety and well-being. While these initiatives are worthy, it would be advantageous to incorporate additional safety measures. Suggestions include appointing female security guards in establishments or mandating the presence of security personnel in transportation facilities. By implementing these additional safeguards, the government can further enhance the security and confidence of women employees in the workplace.