General & Special Measures for Employment of Women

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 ("Act") lays down conditions for employment of women in general, and during night shifts.

General Measures for Women Employed at Workplaces

1. The employer shall strictly implement the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013.
2. The employer shall take all necessary and reasonable steps to assist affected women workers.
3. Proper lighting and illumination must be provided inside and surrounding the establishment for safety purposes.
4. A complaint box must be maintained, displaying the phone numbers of the local police station, control room and women's helpline number prominently in the establishment.
5. A sufficient number of women security guards shall be engaged, and police verification of such guards shall be mandatory.
6. Every establishment must maintain separate urinals and latrines with safety locking facility, lockable only from inside.

Additional Measures for Women Working Night Shifts

1. Women workers shall be allowed to work between 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining their consent in Form 'L' as prescribed in the Act.
2. The establishment shall provide safe and secure separate transportation for all women workers working the night shift, and details of the workers engaged in this duty shall be mandatorily updated with the establishment.
3. Every woman worker in a night shift shall be eligible for one additional paid holiday for every two months in a year.
4. No woman worker shall be allowed to work night shifts during the period of twenty-four weeks before and after her child's birth.

Other General Rules for Night Shifts (Applicable to All Workers)

1. Every employer shall display a notice on its website showing the hours of work, rest interval and weekly holiday in Form 'MW'.
2. Work shall not be carried out by means of a system of shift so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
3. In the case of an establishment operating in shifts, the employer shall display well in advance a shift schedule, along with the weekly holiday, in Form 'N'.

The aforementioned rules shall be built into the company's policies, and non-compliance shall attract inquiries from the local authority.

Conclusion

Women nowadays are significantly more educated, have higher ambitions, and compete for higher positions within an organisation on an equal footing with men. A conscious effort by employers and employees must be made to establish favourable working conditions, keeping in mind health, social and mental health considerations. Women should be educated about their constitutional and legal rights in the work environment and in society.

Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.