The Shops and Establishment Act for the state of Haryana ( Section 30), companies who are engaging female employees for work beyond 7 PM and up to 6.AM on any day shall be required to obtain a prior exemption from the Haryana State Labour Department. Further Haryana State Government issued a notification on June 07, 2022, w.r.t various conditions to be followed for such exemption and laid down several additional conditions which were practically not feasible for the companies including IT/ ITES. The industry along with NASSCOM had made multiple representations at Labour Department and Addl. Chief Secretary’s office on various concerns w.r.t following such additional conditions prescribed in the notification issued on 7th June 2022. The State Government has considered the request and issued a revised notification on 21st February 2023 ( Enclosed) for the general conditions to be followed by the companies who are applying for an exemption on engaging female employees for work during night working hours.
The following are the major changes made in the revised notification. (All the Conditions as per the enclosed notification are to be followed)
- Night shift commencement time for seeking exemption changed from 07:00 pm to 8:00 pm.
- The Company needs to submit an undertaking to the Labour department stating consent letter from the female employees has been obtained w.r.t their willingness to work during night working hours. Therefore, there is no requirement of submitting copies of such consent letters to the Labour Department and the undertaking can be submitted at the time of application for exemption and renewal.
- The requirement of providing female security guards in the cabs has been removed and the company only needs to ensure sufficient security guards at the workplace during night working hours.
- The requirement of providing a separate canteen for female employees during night working hours shall not be applicable for IT/ ITES
- W.r.t Transportation:- CCTV Camera to be installed only in case of Buses and not applicable for the cabs.
- The strength of female employees during night working hours should be 1/3rd of the total headcount for Logistics and Warehouse establishments. The same shall not be applicable to IT/ ITES.
- It’s advisable to allow the female employee to work only in groups and not alone. However, there are no such conditions prescribed in the exemption guidelines.
- The employer shall include the details of female employees engaged in night working hours in the annual report which is required to be submitted Labour Department. There are no separate returns applicable for the same.
- The Establishment should ensure compliance under EPF, ESI, and Haryana Labour Welfare Fund Act.
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