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Rajasthan Government allows women to work during night shifts

[Rajasthan Shops and Commercial Establishments Act 1958]

Notification No. F.14 (11) (1) Labour/Law/2017

Notification Date: March 19, 2024

Relevant Act / Rule: Rajasthan Shops and Commercial Establishments Act 1958

Relevant Section / Rule: Section 22                                  

Section 22 of Rajasthan Shops and Commercial Establishments Act 1958 states no woman or child between the ages of 12 and 15 shall be required or allowed to work whether as an employee or otherwise, in any establishment during night.

Through Notification dated March 19, 2024, using the power granted under Section 3(2) of Rajasthan Shops and Commercial Establishments Act 1958 (hereinafter referred to ‘the Act’), the State Government of Rajasthan has provided an exemption to all registered shops and commercial establishments from the provisions of Section 22 of the Act for a period of three years from the date of publication of this Notification in the Rajasthan Gazette, subject to following conditions:

 

  • The employer can employ female worker for night shift only after obtaining consent of her for the same.
  • All female employees working during the night shift must be provided with appointment letters and photo identity cards by their employers.
  • The employer shall be responsible for ensuring the safety of female employees who work during the night shift. He should ensure safe transport arrangements for these women to travel between their homes and workplaces during nighttime hours.
  • It should be the duty of employer to provide separate restrooms and lockers for storing personal belongings to female employees at the workplace.
  • The employer cannot order any female pregnant employee to work at night 3 (three) months before her expected delivery date and 3 (three) months after giving birth to the child.
  • The employer is responsible for implementing measures to prevent any potential instances or occurrences of sexual harassment within the workplace. Employer is also responsible for creating policies, procedures, and practices aimed at fostering a safe and respectful work environment.
  • If any registered shops and commercial establishments does not follow the instructions given above, the exemption given will stand immediately withdrawn and the employer would be liable for penal consequences under the Act and all other applicable laws.

Also, where the employer in a registered shop or establishment is a woman or is run by a woman herself and all the employees are women, then the exemption provided by the Government is for a period of 4 years.

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