##Women working night shift under New Labour Code

 

Women Working Night Shifts Under the New Labour Codes

 

India’s new labour codes have brought major changes to employment law. One important and progressive reform is related to women working during night shifts.

Earlier, women were not easily allowed to work at night in many industries due to legal restrictions. However, under the new labour law framework, women can now work night shifts, provided certain safety conditions are fulfilled.

This change is mainly governed by the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code).

 

Earlier RULE

Under older labour laws like the Factories Act, 1948, women were generally not permitted to work between:

7 PM to 6 AM

Only a few sectors such as IT and BPOs were allowed to employ women at night through special government permissions.

These restrictions were meant for protection, but they also limited equal job opportunities.

 What Does the New Labour Code Allow?

The OSH Code has changed this approach.

Now, the law permits women to work night shifts in all types of establishments, including:

• Factories
• Manufacturing units
• Offices
• Logistics and warehouses
• Service sectors

However, this permission is not unconditional.

Women can work at night only when the employer ensures safety and takes proper consent.

 Consent Is Mandatory

A key legal requirement is that:

A woman cannot be forced to work during night hours.

Employers must take her written consent before assigning night duty.

This ensures that night work remains voluntary and respectful of personal choice.

 

Safety Measures Employers Must Provide

The law places a strong responsibility on employers to protect women employees working at night.

Some important safeguards include:

A. Safe Transport Facility

Employers must arrange safe pick-up and drop services, especially during late hours.

This includes:

• Secure vehicles
• Verified drivers
• Safe travel routes

Transport safety is one of the most important legal duties under the new framework.

B. Workplace Security

Employers must ensure that the workplace is properly secured during night shifts.

This includes:

• CCTV surveillance
• Security guards
• Emergency support systems
• Safe entry and exit points

C. Proper Facilities and Welfare

The OSH Code requires basic welfare facilities such as:

• Clean washrooms
• Proper lighting
• Rest areas
• Drinking water
• Medical support if needed

Night work should not affect health and dignity.

 

 Protection Against Harassment (POSH Compliance)

When women work at night, the risk of harassment may increase.

Therefore, employers must strictly follow the POSH Act, 2013, including:

• Formation of Internal Complaints Committee
• Awareness programs
• Immediate action against misconduct

A safe workplace is a legal obligation, not a choice.

 Working Hours and Overtime Rules Still Apply

Even though night shifts are allowed, employers must follow labour standards such as:

• Maximum working hours per day
• Weekly holidays
• Overtime payment rules

Night duty cannot be used to overburden employees.

 

 Challenges in Implementation

Although this reform is progressive, practical concerns remain:

• Many states are still framing detailed rules
• Smaller businesses may find compliance costly
• Consent must be genuine and not forced
• Proper enforcement will be necessary

 

The new labour codes have opened the door for greater participation of women in the workforce, including night shift roles.

However, the law is clear:

Women’s employment at night is allowed only with consent and complete safety arrangements.