Consent of women employees willing to work at night compulsory in Odisha

Cornered over women’s safety concerns in recent months, the Mohan Majhi Government has issued a notification outlining measures to create a safer workplace environment for women, including a ban on employing adolescent females during night shifts

Labour and Employee’s State Insurance Department in the notification said the consent of women employees willing to work at night would have to be taken in writing while there will be at least three women employees, which may include onsite woman employer.

“No adolescent will be allowed to work whether as an employee or otherwise in any establishment during night,” the government made it clear.

The conditions for engaging women in night shifts say adequate transportation facilities with GPS tracking system to pick-up and drop women employees at or near their residence would have to be provided. The establishment would obtain bio-data and police verification of each driver of the night transportation vehicle, whether employed directly or through service provider.

“The employer will provide toilet or washroom and drinking water facilities near the workplace where such women employees are employed, with provisions of closed-circuit television (CCTV) surveillance and proper lighting including the passages towards conveniences,” the notification elaborates.

Dedicated telephone numbers of the establishment along with government toll-free helpline number for women (181) and Labour & ESI Department Helpline number 18003456703 will be displayed prominently and conspicuously at the establishment and inside vehicles used for transportation of workers, it says.

“The employer will ensure that there will not be less than eight consecutive hours of rest between the last shift and the night shift, whenever the duty of a woman employee is changed from day shift to night shift and vice versa,” the notification further delineates

The State Government has made it mandatory for complying of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2023).

“Any employer engaging women employees during night, will submit a self-certification in the prescribed proforma, electronically, in the designated portal of the department, that he or she has provided all the facilities as mentioned in this notification and will take due care and diligence regarding the safety, security and dignity of women employees,” the State Government says.

Violation of the condition would attract penalty under section 35 of the Odisha Shops and Commercial Establishments Act, 1956, the notification mentions.