The Labour Department, Government of Haryana has issued a revised notification dated 13th October 2025, replacing the earlier notification dated 4th July 2025, regarding employment of women employees during night shifts (8:00 PM to 6:00 AM) under the Haryana Shops & Commercial Establishments Act, 1958.
Below are the key changes and enhancements introduced in the latest notification:
- Wider Applicability:
The exemption now covers all Shops & Commercial Establishments, instead of being limited to specific sectors like IT/ITeS, Banking, Hotels, etc. - Simplified POSH Compliance:
Requirement to submit the annual POSH return to the Labour Commissioner has been removed; establishments only need to ensure compliance under the POSH Act, 2013. However, the returns which is filed with to the appropriate authority under the POSH act to be continued. - Coverage of Female Contract Labour:
The Government has further clarified that female contract workers engaged in factories and establishments that have obtained night shift permission under the self-certification or auto-approval mode shall be exempted from the provisions of Rule 25(ix) of the Haryana Contract Labour (Regulation and Abolition) Rules, 1975.
The exemption granted to the principal employer shall also extend to female contract employees deployed at the respective location, and the restrictions under Rule 25(ix) of the CLRA Rules shall accordingly be considered as covered under the said exemption.
However, it shall continue to be mandatory to obtain—
- Individual consent letters from each female contract worker signifying her willingness to work during the night hours; and
- An undertaking from the contractor (immediate employer) affirming that all statutory safeguards and conditions stipulated under the permission — including those relating to safety, transport, rest intervals, supervision, and welfare facilities — have been duly complied with and shall be continuously maintained.
In the event of any non-compliance or breach of the aforesaid conditions by the contractor, the principal employer shall be held liable for such contravention under the applicable provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Rules framed thereunder
- Enhanced Security and Surveillance:
- CCTV videography made mandatory in and around the workplace.
- Strengthened transport monitoring with GPS-enabled vehicles and verified security guards/drivers.
- No woman employee to be picked first or dropped last unless accompanied by a verified guard.
- Medical Facilities:
Earlier requirement for an on-site doctor/nurse replaced with tie-up with a nearby hospital for emergency support. - Maternity Safeguards:
The said relaxation shall not apply to a woman employee during the period of twelve (12) weeks before and after her childbirth, miscarriage or medical termination of pregnancy of which at least six (6) weeks shall be after childbirth, miscarriage or medical termination of pregnancy, and for such additional period, if any, as specified in the medical certificate stating that it is necessary for the health of the woman employee or her child. - Display Requirement:
A copy of this notification must be displayed prominently at the entry/exit of the establishment. - Expanded Labour Law References:
Now explicitly mandates compliance with the Maternity Benefit Act, Equal Remuneration Act, and all other applicable labour laws. - Override Clarification:
Specifies that this notification does not override any directions/advisories issued by other authorities (including Police).
The new notification supersedes the earlier one dated 4th July 2025.
