Odisha Exempts Shops and Commercial Establishments from Night Work Restrictions for Women

The Labour E.S.I. Department of the Government of Odisha issued a notification on July 31, 2025, which came into force upon its publication in The Odisha Gazette. This notification, numbered 6956LESI-LL2-LABGNC-0009/2025/LESI, was issued in exercise of powers conferred by sub-section (2) of Section 3 of the Odisha Shops and Commercial Establishments Act, 1956 (Odisha Act 30 of 1956). It superseded a previous notification dated October 31, 2022, published in the Extraordinary issue of the Odisha Gazette. The primary purpose of this legislative action was to exempt all shops and commercial establishments across the state from the applicability of Section 23 of the 1956 Act. This exemption specifically aims to facilitate the engagement of women employees during night hours, thereby seeking to enhance employment opportunities for women and improve the ease of doing business within the state. The notification stipulated that such night engagement is strictly subject to the safety and security of women employees, outlining eleven specific conditions that establishments must adhere to. These conditions include obtaining written consent from women employees willing to work at night, ensuring a minimum of three women employees are present, and providing adequate transportation facilities equipped with GPS tracking for pick-up and drop-off at or near their residences. Employers are also mandated to obtain bio-data and police verification for all drivers of night transportation vehicles. Furthermore, establishments must provide toilet, washroom, and drinking water facilities near the workplace, equipped with closed-circuit television (CCTV) surveillance and proper lighting, including passages. Dedicated telephone numbers of the establishment, along with Government Toll-free Helpline number for Women (181) and Labour ESI Department Helpline number (18003456703), must be prominently displayed. The notification also requires employers to ensure at least eight consecutive hours of rest when a woman employee's duty shifts between day and night. Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is also mandatory. Employers engaging women at night are required to submit an electronic self-certification through the Department's designated portal, confirming compliance with all stipulated facilities and due diligence regarding women employees' safety, security, and dignity. The notification explicitly prohibits the engagement of adolescents in any establishment during night hours. Non-compliance with these conditions renders an establishment liable for penalties under Section 35 of the Odisha Shops and Commercial Establishments Act, 1956.

The legislative intent behind this notification was to strike a balance between fostering economic growth and ensuring robust protection for women in the workforce. Prior to this exemption, Section 23 of the Odisha Shops and Commercial Establishments Act, 1956, effectively restricted the employment of women during night hours, a common statutory framework in many Indian states aimed at protecting women. However, this framework was identified as a limitation on women's employment prospects and a hindrance to business operations that require round-the-clock functioning. The State Government sought to address these statutory gaps by introducing a regulated framework that permits night work for women while embedding stringent safety and security measures. The policy rationale centered on the belief that by allowing women to work night shifts under controlled conditions, their participation in the labour force could increase, contributing to both individual economic empowerment and overall economic development. The notification effectively amends the operational scope of the 1956 Act by introducing new obligations for employers, particularly concerning the provision of safe working environments, secure transportation, and adherence to anti-harassment laws. The self-certification mechanism serves as an enforcement tool, placing the onus on employers to affirm their compliance, while the threat of penalties under Section 35 of the parent Act provides a deterrent against non-adherence. The legislation provided: “The State Government do hereby exempt all the Shops and Commercial Establishments operating in the State from the applicability of Section 23 of the said Act, so as to increase employment opportunities for women and for Ease of Doing Business, by allowing their engagement at night, subject to their safety and security, with the following conditions, namely:” This core principle underscores the dual objectives of economic liberalization and enhanced worker protection. The supersession of the earlier 2022 notification indicates a refinement of the regulatory approach, reflecting an ongoing effort to adapt labour laws to contemporary economic and social needs.

Keywords: Odisha, Shops and Commercial Establishments Act, women employment, night work, labour law, ease of doing business, worker safety, notification, Labour E.S.I. Department Geo Tags: India, Odisha District: Not Applicable