Following objections by the Karnataka State IT/ITeS Employees’ Union (KITU) to the omission of several clauses of the Karnataka Shops and Commercial Establishments Act, 1961, which the union alleged would remove several safety measures for women working night shifts, the Karnataka Labour Department has clarified that safety conditions relating to women employees that were earlier provided under the shops and commercial establishments Act have been incorporated under the Occupational Safety, Health and Working Conditions (OSH) Rules.
‘Women’s safety not compromised’
The State government brought amendments to the Act, 1961, via a notification dated September 4, 2026. This, according to the department, was done in accordance with recommendations of the Deregulation Cell, Union government, and in view of the implementation of the new Labour Codes.
Following this, the union alleged that the deleted rules included mandatory verification of drivers, authorised pick-up and drop routes, confidentiality of women employees’ contact details, and so on. Department officials, however, dismissed such fears, noting that all the provisions, claimed to be omitted, are covered under the Occupational Safety, Health (OSH) and Working Conditions Code. Both the union’s concerns and the official’s response were reported by The Hindu.
“It has been reported in the news article and raised by the IT employees’ union that certain safety conditions relating to the employment of women have been removed from the Karnataka Shops and Commercial Establishments Act, 1961. In this regard, it is clarified that the removal of such provisions from the shops and commercial Establishments Act does not mean that safety protections for women employees have been withdrawn,” read a statement issued by the Labour Department.
Special provisions for women working night shift
Under Rule 55 of the Karnataka OSH Rules, the following safeguards are provided:
The written consent of the woman employee shall be obtained for employment during night hours.
No woman shall be employed in violation of the maternity benefit provisions under the Code on Social Security, 2020.
Adequate and free transportation facilities shall be provided for picking up and dropping off the woman employee at her residence.
The workplace, including passages leading to toilets, washrooms, drinking-water facilities, entry and exit points, shall be adequately illuminated.
Toilets, washrooms and drinking-water facilities shall be located near the workplace, and suitable CCTV surveillance shall be provided on the way to these facilities.
The establishment shall provide safe, secure and healthy working conditions so that no woman employee is disadvantaged in connection with her employment.
Dedicated telephone numbers shall be displayed prominently at the workplace and inside transport vehicles for use in case of emergencies.
Not less than four women employees shall be on duty at any workplace.
The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, wherever applicable, shall be complied with.
The State Government may prescribe such other conditions as may be necessary for the safety and welfare of women employees.
According to the department, under the amended provisions, establishments employing fewer than 10 workers will continue to be covered under the Karnataka Shops and Commercial Establishments Act, 1961, while those employing 10 or more workers will be covered under the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code), subject to its applicability.
“The establishments employing 10 or more workers are governed by the OSH Code and the corresponding State Rules. Further, the safety conditions relating to women that were earlier provided under the Shops and Commercial Establishments Act have been incorporated, wherever applicable, under the OSH Rules, along with additional safeguards for women employees working during night shifts and in dangerous operations,” reads the statement.
Since most IT companies employ 10 or more workers, such establishments generally fall under the provisions of the OSH Code, it notes.
Published – September 16, 2026 12:53 am IST
