Jharkhand Issues Comprehensive Guidelines for Women's Night Shift Employment in Factories

The Labour, Employment, Training and Skill Development Department of the Government of Jharkhand issued Notification No. 7@fnu.0 104@2025 J (Gu.4@plu.062) on October 24, 2025, establishing detailed guidelines for the employment of women workers in night shifts within factories across the state. This significant delegated legislation came into force upon its publication in The Jharkhand Gazette Extraordinary on the same date. The notification was necessitated by the proviso to clause (b) of sub-section (1) of section 66 of the Factories Act, 1948, which was amended by the Factories (Jharkhand Amendment) Act, 2025, to permit night work for women under specific conditions. The new guidelines mandate several provisions to be ensured by the Occupier or Factory Manager for women working between 7:00 p.m. and 6:00 a.m. Key stipulations include obtaining written consent from women workers, strict adherence to the Maternity Benefit Act, 1961, and the provision of adequate transportation facilities equipped with GPS tracking systems for pick-up and drop-off near their residences, with an option for self-transportation via undertaking. Factories are now required to provide separate toilet and washroom facilities, and crèche facilities must be operational during night shifts where applicable under Section 48 and Rule 73. Furthermore, workplaces, including passages to conveniences, must be well-lit, preferably with suitable provisions for closed-circuit television (CCTV) surveillance. Boarding and lodging, if provided, must be exclusively for women and managed by women wardens or supervisors. Compliance with the Prevention of Sexual Harassment of Women at Workplace (Protection, Prohibition, and Redressal) Act, 2013, is also explicitly mandated. The guidelines also stipulate that at least five women workers must be employed in any particular area where women are working and proper surveillance of canteens during night shifts. Occupiers employing women in night shifts are required to submit an electronic self-certification through the designated departmental portal, affirming compliance with all specified facilities and their commitment to the safety, security, and dignity of women workers. Factories must also display state laws for worker protection and relevant sections of the Bhartiya Nyaya Sanhita (BNS), 2023, along with punitive details, in conspicuous places in local language and English. Additional security measures include the constitution of a 'Factory Security Committee', routine security patrolling, a 24x7 manned security control room, close liaison with the nearest police station, and regular security audits. Complete CCTV coverage of the premises and a protocol for quick sharing of video footage with local police in case of any untoward incident are also prescribed. Security personnel are to be technically oriented and trained in soft skills, with a preference for employing ex-servicemen from the Directorate General of Resettlements in high-risk areas. Any deviation from these guidelines will be treated as a violation of the Factories Act, 1948, and the Jharkhand Factories Rules, 1950.

The legislative intent behind these comprehensive guidelines is to operationalize the amended provisions of the Factories Act, 1948, specifically concerning the employment of women in night shifts, by establishing a robust framework that prioritizes their safety, security, and dignity. The earlier legal position, which generally restricted women's night work, was modified by the Factories (Jharkhand Amendment) Act, 2025, recognizing the evolving needs of the industrial sector and women's participation in the workforce. However, this amendment necessitated detailed operational protocols to prevent potential exploitation or risks associated with night employment. The notification addresses statutory gaps by providing explicit, actionable requirements for factory management, thereby ensuring that the permission for night work is accompanied by stringent protective measures. The guidelines introduce new obligations for occupiers, ranging from infrastructural provisions like separate washrooms and crèches to comprehensive security protocols and mandatory self-certification. The policy rationale underscores the government's commitment to gender equality in employment opportunities while simultaneously upholding the welfare and protection of women workers. The legislation provided: “Any Occupier employing women between the hours of 7:00 p.m. to 6:00 a.m. shall submit a Self-certification in the prescribed proforma, electronically, in the designated portal of the Department, that he or she has provided all the facilities as mentioned in this Notification and shall take due care and diligence regarding the safety, security and dignity of women workers”, thereby placing a direct and verifiable responsibility on factory management. This self-certification mechanism, coupled with the threat of legal action under the Factories Act, 1948, and the Jharkhand Factories Rules, 1950, for false declarations, serves as a key enforcement tool. The inclusion of references to the Bhartiya Nyaya Sanhita (BNS), 2023, reflects an update to the legal framework for displaying worker protection laws, ensuring that factories are aware of the latest criminal justice provisions relevant to worker safety.

Keywords: Jharkhand, Factories Act, Women Workers, Night Shift, Labour Laws, Safety Guidelines, Self-certification, Worker Protection, Industrial Safety, Maternity Benefit

Geo Tags: India, Jharkhand District: Not Applicable