Odisha Government Permits Night Work for Women in Shops and Commercial Establishments with Enhanced Safety Measures

The Odisha Labour & E.S.I. Department issued a significant notification on July 31, 2025, exercising powers conferred by sub-section (2) of Section 3 of the Odisha Shops and Commercial Establishments Act, 1956. This delegated legislation, published in the Extraordinary issue of The Odisha Gazette on the same date, exempts all shops and commercial establishments across the State from the applicability of Section 23 of the said Act. The primary objective behind this exemption is to increase employment opportunities for women and to foster an environment conducive to the Ease of Doing Business, by allowing women to be engaged in night shifts, subject to stringent safety and security conditions. This new notification supersedes a previous one issued by the same department on October 31, 2022.

Under the new framework, establishments seeking to engage women employees during night hours must adhere to several mandatory conditions. These include obtaining the written consent of women employees willing to work at night and ensuring a minimum of three women employees are present, which may include an onsite woman employer. Employers are mandated to provide adequate transportation facilities equipped with a GPS tracking system for picking up and dropping off women employees at or near their residences. Furthermore, establishments must obtain bio-data and conduct police verification for every driver of night transportation vehicles, whether directly employed or through a service provider. Essential amenities such as toilets or washrooms and drinking water facilities must be provided near the workplace, complemented by closed-circuit television (CCTV) surveillance and proper lighting, including in passages leading to these conveniences. Dedicated telephone numbers of the establishment, along with the Government Toll-free Helpline number for Women (181) and the Labour & ESI Department Helpline number (18003456703), are required to be displayed prominently within the establishment and inside transportation vehicles. The notification also stipulates that employers must ensure at least eight consecutive hours of rest between shifts when a woman employee's duty changes from day to night shift and vice versa. Compliance with the provisions of 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 a self-certification electronically on a designated portal, affirming compliance with all specified facilities and diligence regarding the safety, security, and dignity of women employees. Importantly, no adolescent is permitted to work at night in any establishment. Non-compliance with these conditions will render establishments liable for penalties under Section 35 of the Odisha Shops and Commercial Establishments Act, 1956.

The legislative intent behind this notification is rooted in the policy rationale of enhancing women's participation in the workforce and streamlining business operations. The earlier legal position, implicitly through Section 23 of the Odisha Shops and Commercial Establishments Act, 1956, restricted night work for women, which was perceived as a barrier to both employment growth and business flexibility. This notification addresses these statutory limitations by creating a regulated environment where women can work during night hours, thereby expanding their employment avenues. 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...” This move aims to align the State's labour regulations with contemporary economic needs while prioritizing the well-being and security of women employees. The self-certification mechanism and the provision for penalties under the parent Act serve as enforcement mechanisms, ensuring that the stipulated safety and welfare measures are not merely declarative but are actively implemented by employers. This framework seeks to strike a balance between economic development and social protection, fostering an inclusive and safe working environment for women in Odisha.

Keywords: Odisha, Shops and Commercial Establishments Act, women employment, night work, labour laws, ease of doing business, safety, security, notification, Labour & E.S.I. Department

Geo Tags: India, Odisha District: Not Applicable