BA Nagaraj
can women workmen be put on overtime ? Does the Indian Factories Act allow for this or should we take exemption for keeping women workmen on overtime ?
From India, Hubli
venushetty
(b) no woman shall be required or allowed to work in any factory
except between the hours 6 A.M. and 7 P.M.; Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M..

From India, Coimbatore
jkct15
184

hi
There is no need to get exemption for women employee's if they are not worked overtime between 7pm and 6 am. If they work between 7pm and 6am, then you need to get an exemption where there are few clauses to be met like drop till their doorstep etc.


tushar.swar
206

Dear Nagraj,
As per Section 56 is allowed for Over time for adult, you need to ensure that, to whom asked to work over time all females should be adult.
As well as Section 66 is restriction on employment of women during 6 a.m. to 7p.m. so, you need to ensure this also before asking to work overt time.

From India, Mumbai
korgaonkar k a
2556

Dear BA Nagaraj,
To the point answers to you are as under:
There is no provision in FA saying you can not put women workmen on overtime. However, overtime is subject to rules as prescribed.
Since there is no provision in FA restricting women workmen, there is no need to take exemption for keeping women workmen on overtime. However, you should ensure safety of women.

From India, Mumbai
korgaonkar k a
2556

Dear Nagaraj, In addition, you have to keep in mind the provision under section 66 of FA restricting employment of women, as stated by Cristopher & Tushar.
From India, Mumbai
korgaonkar k a
2556

Dear All,
A piece of information I would like to share with you as under:
The Gujrat HC has held that women can be employed in night shift and the provision in FA which bars it is unconstitutionals. Section 66(1)(b) prohibits industrial units from employing women from 7 pm to 6 am. The division bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala said the section is in breach of fundamental rights under Article 14 (right to equality) and 21 (right to life & liberty), so it is invalid. (Ref. Current Labour Scenario, LLR Jan 14).

From India, Mumbai
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