Hi, Sir,
I came to know that women employees should not be asked to be in the company after 8:00 pm as per their protection act. If they are asked to stay, then the company has to take some kind of permission. Is this right?
From India, Hyderabad
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I came to know that women employees should not be asked to be in the company after 8:00 pm as per their protection act. If they are asked to stay, then the company has to take some kind of permission. Is this right?
From India, Hyderabad
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Dear Friend,
The Factories Act allows female employees to work up to 7 pm. If you want to engage any female employees beyond the permitted hours, you have to get permission from the authorities, specifically the inspectorate. Nowadays, they also allow female employees to work night shifts, but you must maintain certain facilities for their safety.
Regards,
Alphonse
From India, Madras
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179The Factories Act allows female employees to work up to 7 pm. If you want to engage any female employees beyond the permitted hours, you have to get permission from the authorities, specifically the inspectorate. Nowadays, they also allow female employees to work night shifts, but you must maintain certain facilities for their safety.
Regards,
Alphonse
From India, Madras
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thank you sir our company is a seo company has made our timings 12-9pm . so our company have to take the permission as there female employees . please let me know
From India, Hyderabad
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From India, Hyderabad
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is it a manufacturing company or a commercial establishment? b.Saikumar HR & Labour Law advsior Mumbai
From India, Mumbai
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From India, Mumbai
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Well as we all knows what Factories Act -1948 says about Maximum working hours per day for all Male and Female Employees :
8 hrs + 2 hrs Overtime = 10 hours & 48 hrs in a week.
Apart from that, there is Act for Woman Employee Protection "Protection of Women Against Sexual Harassment at the Workplace Bill, 2007" which is basically meant to provide facilities and good and healthy work atmosphere for woman employees application to whole India but there is nothing like employer has to get permission for work at night by woman employee ..
http://www.prsindia.org/uploads/medi...sment_bill.pdf
Also I would like to share some details of an order of Bombay High Court for woman employee work at night and their safety.
[
The Bombay High Court observed that the onus of ensuring the safety of women who work on late night shifts lies with the companies, and proper means should be adopted to do ensure that women are safe.
Division bench of justice VM Kanade and justice PD Kode observed “Companies employing women to work graveyard shifts should ensure their safety. It is the responsibility of the company concerned to ensure that the women employees reach back home safely.”
The observations came while hearing the death sentence confirmation of two accused convicted for rape and murder of a BPO employee in Pune in 2007. The two accused, Purushottam Borade (26) and Pradeep Kokade (20) were sentenced to death under sections 120-B (criminal conspiracy), 364 (kidnapping), 376 (rape) and 302 (murder) among others.
The court pointed out that most of the BPO’s are located in the outskirts of the city. They have to ensure that women travelling at night reach home safely.
The court also queried whether compensation can be recovered from the company or the accused when a crime is committed against women. As for the present case, the trial court at the time of conviction in March this year observed that the incident had sent shock waves throughout the city of Pune.
The trial court observed that it is satisfied that the impact of the crime on the community, particularly women working in night shifts at this hub of information technology centre, brings the case within the rarest of rare case which merits death penalty and none else.
Purshottam, a driver with a logistics company, picked up the victim from her home on the fateful night on November 1, 2007 to take her to Wipro office, for her night shift. However, she was abducted and taken to a secluded field in a nearby village where she was raped and murdered. The victim’s body was discovered by a farmer the following morning and the two accused were nabbed within a day.
Published: Monday, Sep 3, 2012, 21:55 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA
]
By the way, why you are looking answer of working after 8 for woman specially?
From India, Gurgaon
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8 hrs + 2 hrs Overtime = 10 hours & 48 hrs in a week.
Apart from that, there is Act for Woman Employee Protection "Protection of Women Against Sexual Harassment at the Workplace Bill, 2007" which is basically meant to provide facilities and good and healthy work atmosphere for woman employees application to whole India but there is nothing like employer has to get permission for work at night by woman employee ..
http://www.prsindia.org/uploads/medi...sment_bill.pdf
Also I would like to share some details of an order of Bombay High Court for woman employee work at night and their safety.
[
The Bombay High Court observed that the onus of ensuring the safety of women who work on late night shifts lies with the companies, and proper means should be adopted to do ensure that women are safe.
Division bench of justice VM Kanade and justice PD Kode observed “Companies employing women to work graveyard shifts should ensure their safety. It is the responsibility of the company concerned to ensure that the women employees reach back home safely.”
The observations came while hearing the death sentence confirmation of two accused convicted for rape and murder of a BPO employee in Pune in 2007. The two accused, Purushottam Borade (26) and Pradeep Kokade (20) were sentenced to death under sections 120-B (criminal conspiracy), 364 (kidnapping), 376 (rape) and 302 (murder) among others.
The court pointed out that most of the BPO’s are located in the outskirts of the city. They have to ensure that women travelling at night reach home safely.
The court also queried whether compensation can be recovered from the company or the accused when a crime is committed against women. As for the present case, the trial court at the time of conviction in March this year observed that the incident had sent shock waves throughout the city of Pune.
The trial court observed that it is satisfied that the impact of the crime on the community, particularly women working in night shifts at this hub of information technology centre, brings the case within the rarest of rare case which merits death penalty and none else.
Purshottam, a driver with a logistics company, picked up the victim from her home on the fateful night on November 1, 2007 to take her to Wipro office, for her night shift. However, she was abducted and taken to a secluded field in a nearby village where she was raped and murdered. The victim’s body was discovered by a farmer the following morning and the two accused were nabbed within a day.
Published: Monday, Sep 3, 2012, 21:55 IST
By DNA Correspondent | Place: Mumbai | Agency: DNA
]
By the way, why you are looking answer of working after 8 for woman specially?
From India, Gurgaon
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Dear Bharathi,
The IT, BPOs, and Software industries are already exempted from this female working hour restriction. A provision is made to provide pick-up from the residence and drop at the residence upon completion of their working hours. Please refer to the IT Act of 2000.
From India, Kumbakonam
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The IT, BPOs, and Software industries are already exempted from this female working hour restriction. A provision is made to provide pick-up from the residence and drop at the residence upon completion of their working hours. Please refer to the IT Act of 2000.
From India, Kumbakonam
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Bharathi,
Looks like you are in the UK shift, working with European customers for your company. In IT companies, it is allowed to have female workers stay post the allowed time of 7:00 PM; however, the company should have necessary safety measures in place. If they do, there is no problem. If not, then I think you need to raise this issue first with facilities, and then with the company registrar.
Thank you.
From India, Bangalore
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Looks like you are in the UK shift, working with European customers for your company. In IT companies, it is allowed to have female workers stay post the allowed time of 7:00 PM; however, the company should have necessary safety measures in place. If they do, there is no problem. If not, then I think you need to raise this issue first with facilities, and then with the company registrar.
Thank you.
From India, Bangalore
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I am not sure whether the Protection of Women Against Sexual Harassment at Workplaces Bill 2007 has become an Act. Notwithstanding this, the Shops and Establishments Acts prescribe a maximum time limit for women to be employed at night. The Shops Acts also, having regard to the requirements of the IT and ITES companies, exempt them from these restrictions subject to conditions that the employer should take care of the safety and security of women employed at night, such as providing for their pick-up and drop, etc. To my knowledge, states like Karnataka and Maharashtra have imposed such conditions of safety. Please check with the A.P. Shops Act.
B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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B. Saikumar HR & Labour Law Advisor Mumbai
From India, Mumbai
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Hi,
I have observed major private banks making their women employees work from 9 in the morning until late at night (with no specific end time, but minimum until 8 pm, sometimes extending as late as 10 pm). Additionally, they do not provide any transportation facilities, and they seem least concerned about the safety of their women employees. I witnessed two women employees working until 10 o'clock at night, with only one security person outside the bank. This situation is extremely dangerous. Are there any strict laws in place that would allow us to fight against this?
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I have observed major private banks making their women employees work from 9 in the morning until late at night (with no specific end time, but minimum until 8 pm, sometimes extending as late as 10 pm). Additionally, they do not provide any transportation facilities, and they seem least concerned about the safety of their women employees. I witnessed two women employees working until 10 o'clock at night, with only one security person outside the bank. This situation is extremely dangerous. Are there any strict laws in place that would allow us to fight against this?
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Shops and Commercial Establishments Act regulate working in shops and commercial establishments. Shops and commercial establishments are defined under the respective State enactment. Earlier, night shifts for women were prohibited, but after the latest amendment, particularly in Karnataka Shops and Establishment Act of 1961, this ban is lifted. However, permission is required, which has to be submitted to the Labour Commissioner in Form S. Regulations regarding safety and security are provided in the form.
SAPNA,
From India, Bangalore
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SAPNA,
From India, Bangalore
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