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Thursday, November 21, 2019

Women in Karnataka now allowed to work night shifts at factories

Labour
Employers have been directed to put in place facilities conducive for women to successfully carry out night shift jobs.
The Karnataka government on Wednesday issued a notification enabling women to work in night shifts in factories. "The labour department has issued a notification with 24 pointers for employers to adhere to hire women in the night shift," an official in the Chief Minister's Office said.  The notification stated, "The Government of Karnataka hereby allows employment of women workers, who come forward to work during night shifts, between 7.00 P.M to 6.00 A.M. in the factories registered under the Factories Act 1948," subject to certain conditions. The Karnataka government cited the Madras High Court judgement declaring section 66 (1) (b) of Factories Act 1948 as unconstitutional, violating Articles 14, 15 and 16 of the Constitution of India which deal with the right to equality, and employment. Right to equality and right to employment here being interpreted as the demand to treat women at par with men so as to allow them to work in night shifts like men. However, employers have been directed to put in place facilities conducive for women to successfully carry out night shift jobs. Employers are required to set up mechanisms to avert sexual harassment and also establish a complaints committee to address women's grievances. The notification also adds that it will not be made compulsory for anyone to work night shifts. It also lays down rules for workplaces to be made safe for women, including proper lighting and CCTV cameras at the workplace, transportation to and from the workplace, separate canteen facility, medical facilities, appointment of women wardens and welfare assistants.  One of the rules in the notification states that "women workers will be employed in a batch not less than ten and the total of the women workers employed in a night shift shall not be less than 2/3rd of the total strength.”  Presently, women are allowed to work in night shifts in the IT and IT enabled services offices such as call centres and IT offices. With IANS inputs.
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