Haryana Government issues guidelines for women working in night

The State Government of Haryana has notified certain conditions for employing women during night shifts in IT, ITEs, Banking establishments, three-star or above hotels, logistics, and warehousing establishments. The Government has laid down the conditions which are to be adhered to while employing female workers in the night shift under the Punjab Shop and Commercial Establishment Act, 1958. It shall be the duty of the employer or other responsible persons at workplaces or institutions to prevent/deter the commission of acts of sexual harassment and to provide the procedures for a resolution, statement, or prosecution of acts of sexual harassment by taking all steps required as per the provisions of the sexual harassment of women at workplace (prevention, prohibition, and redressal) Act, 2013. The employer/ occupier must submit a copy of the annual return which is to be submitted to the district authority under the Act and also to the labor commissioner, Haryana. Further, the employer shall maintain a complaint redressal mechanism in the shop/establishment itself and the said mechanism should ensure time-bound treatment of complaints. Such mechanism should be at any rate to provide, when necessary a Complaint Committee, a special counselor, or other support services including the maintenance of confidentiality.

The female employees should be allowed to raise issues of sexual harassment to workers in the Workers’ meetings and other appropriate forums, written or in electronic form or through a complaint box. The female employee should be made aware of their rights in particular by prominently notifying the guidelines on the subject. In case of any criminal case, the employer shall initiate appropriate action in accordance with the penal law without delay and also ensure that victims or witnesses are not victimized or discriminated against while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or transfer the perpetrator, if circumstances so warrant.

The employer shall provide proper lighting not only inside the shop/ establishment but also surrounding the shop/establishment and to all places where the female workers may move out of necessity in the course of such shift. Declaration/consent from each women worker including a security guard, supervisors, shift- in-charge, or any other women staff to work during night shift i.e. between 07.00 PM to 06.00 AM shall be obtained and a copy of the same shall be forwarded to the Labour Commissioner, Haryana. The employer shall provide transportation facility to the women workers from their residence and back (for the night shift) and security guards (including female security guards) and each transportation vehicle shall also be equipped with CCTV cameras. During the night shift not less than 1/3rd of the strength of the supervisors or shift-in-charge or other supervisory staff shall be women. Further, the employer shall send a half-yearly report to the Labour Commissioner Haryana about the details of employees engaged during night shifts and shall also send an immediate report, whenever there is some untoward incident, to the Labour Commissioner and local Police Station as well.

The complete text of the Notification may be viewed at the below link:

Last updated: 05/07/2022

Article contributed by:

Syed Arsalan Ahmed

Associate - Legal

MBG Corporate Services