Haryana Lays Down Conditions for Women Employees in Night Shifts

The Haryana Government Labour Department issued a significant Notification, No. 11/26/2025-4Lab., on May 8, 2025, which came into force upon its publication in the Official Gazette. This notification, issued by the Governor of Haryana, superseded all earlier notifications on the subject, establishing comprehensive conditions for the employment of women during night shifts in specific sectors. The measure was enacted to ensure the security, safety, and protection of the interests of women employees working between 8:00 PM and 6:00 AM. The notification specifically applies to establishments already permitted to employ women in night shifts, including those in IT, ITeS (Information Technology Enabled Services), banking, three-star or above hotels, 100% export-oriented establishments, and logistics and warehousing, all registered under the Punjab Shops and Commercial Establishment Act, 1958.

Under the new framework, employers seeking an exemption to employ women in night shifts must submit their application to the Labour Commissioner or Chief Inspector of Shops of Haryana at least one month prior to the commencement of the exemption period. Such exemptions will be valid for one year, subject to no changes in security arrangements, transportation agreements, or details of the occupier, director, or manager. A crucial provision mandates employers to actively deter sexual harassment and provide resolution procedures as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act). Employers are also required to submit a copy of their Annual Return, as mandated by the POSH Act, to both the District Authority and the Labour Commissioner, Haryana. Furthermore, employers must provide a declaration confirming that consent has been obtained from each woman employee for night shift work. The notification also stipulates requirements for proper lighting within and around the establishment, sufficient security guards during night shifts, and mandatory transportation facilities for women workers from their residence and back. These transport services must include security guards (including female guards), well-trained drivers, and proper communication channels, with additional practical measures like CCTV cameras and GPS encouraged. While women workers may opt out of the transportation facility with their consent, occupiers retain the option to pool transport services through external providers. The legislation provided: “...for laying down certain conditions for employing women employees during night shifts with respect to their security, safety and to safeguard the interest of women employees...”

The legislative intent behind this notification was to address the critical need for enhanced safety and security measures for women engaged in night-time employment. While the State Government had previously allowed certain sectors to employ women during night shifts under Section 28 of the Punjab Shops and Commercial Establishment Act, 1958, the earlier legal position lacked detailed, prescriptive conditions to safeguard their well-being. This notification fills those statutory gaps by introducing specific obligations for employers. It mandates that women workers be employed in batches of not less than four, though this quorum may be relaxed for senior women in the IT and ITeS sectors earning over one lakh rupees per month, provided they give their consent. Employers are also required to provide appropriate medical facilities, including a doctor or female nurse, during night shifts, with the option to pool ambulance services and other necessary medical facilities through tie-ups with nearby hospitals. Display of important telephone numbers for emergencies, such as hospitals, ambulance services, and police, at prominent places within the establishment is also required. Where boarding and lodging are provided for women employees, these facilities must be exclusively for women and managed by women wardens or supervisors. The notification underscores that all other provisions of the Punjab Shops and Commercial Establishments Act, 1958, as amended, and other labour legislations, including the Equal Remuneration Act, must be adhered to. Employers are granted the liberty to employ women employees wholly or partly during night shifts, provided all the stipulated directions are complied with, and the provisions are subject to compliance with ESI (Employees' State Insurance) and the Haryana Labour Welfare Fund.

Keywords: Haryana, Women Employment, Night Shift, Labour Law, Safety, Security, POSH Act, Punjab Shops and Commercial Establishment Act, Notification, Labour Department Geo Tags: India, Haryana District: Not Applicable