Women to Work Night Shifts: Karnataka Government Liberalises Norms for Women
“Equality is leaving the door open for anyone who has the means to reach it; equity is ensuring there is a pathway to that door for those who need it” – Caroline Belden
The aforementioned aptly encapsulates the measures taken by the Karnataka State Government pertaining to the employment of women during night time. Vide the recent notification dated October 19, 2020, Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961 (‘Act’) has been substituted by the Karnataka Shops and Commercial Establishments (Amendment) Act, 2020 (‘Amendment Act’). The Amendment Act has laid down certain stipulations for employers in order to regulate the working conditions of women employed during night shifts in shops and commercial establishments within the state of Karnataka.
Background
The erstwhile Section 25 of the Act prohibited the employment of women and young persons during night time, i.e. after 8 p.m. and before 6 a.m; however, proviso of the said section permitted the state government to exempt organizations/establishments rendering service related to Information Technology (“IT”) or Information Technology enabled service (“ITES”) from the provisions of the section subject to the condition that the organisations/establishments provide facilities of transportation and security to such women employees and subject to any other condition as may be specified by the state government by a notification.
Further, it is pertinent to note here an exemption to Section 25 of the Act could be found under Rule 24-B of the Karnataka Shops and Commercial Establishment Rules, 1963 (‘Rules’), which allowed IT or ITES establishments to assign night shifts to those women who were willing to work during night hours. The exemption under Rule 24-B was further contingent upon approval of the same by the jurisdictonal Labour Commissioner, or Deputy Labour Commissioner, provided there are at least 5 women per night shift.
Current Amendment
The new Section 25 of the Amended Act, titled ‘Regulation of Employment of Women during Night,’ lays down certain conditions to be followed by employers having women employees willing to work at night in a shop or commercial establishment situated in the State of Karnataka.
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