Odisha Notifies Conditions for Women to Work Night Shifts in Factories

The Labour & E.S.I. Department of the Government of Odisha issued a significant notification on July 24, 2025, allowing registered factories within the state to engage women workers between the hours of 7:00 p.m. and 6:00 a.m. This Notification, numbered 6721—LESI-LL2-FM-0008/2025/LESI, was enacted to expand employment opportunities for women in factories and to facilitate ease of doing business. It came into force immediately upon its publication in the Official Gazette on the same date. The issuance of this notification follows the proviso to clause (b) of sub-section (1) of Section 66 of the Factories Act, 1948, which was amended by the Factories (Odisha Amendment) Act, 2020. This amendment empowered the State Government to permit night work for women with their consent, provided adequate safety, security, and welfare measures, along with other specified safeguards, were in place.

To ensure the safety, security, and dignity of women workers, the notification stipulates several mandatory conditions for factories wishing to employ women during night shifts. These include obtaining the written consent of women workers, ensuring no employment contravenes the Maternity Benefit Act, 1961, and providing adequate transportation facilities equipped with GPS tracking for pick-up and drop-off near their residences. Factories are also required to provide separate toilet and washroom facilities. For establishments employing over 30 women workers, crèche facilities must be provided or arranged through voluntary or other organizations during night shifts. The workplace, including passages to conveniences, must be well-lit, and closed-circuit television (CCTV) surveillance is preferred in areas used by women workers. Where applicable, boarding and lodging for women workers must be exclusively for women and managed by women wardens or supervisors. Furthermore, dedicated telephone numbers of the establishment, along with the Government Toll-free Helpline for Women (181) and the Labour & ESI Department Helpline (18003456703), must be prominently displayed. A crucial enforcement mechanism introduced is the requirement for any Occupier (the person who has ultimate control over the affairs of the factory) employing women during night shifts to submit an electronic self-certification in a prescribed pro forma through the designated departmental portal, affirming compliance with all stipulated facilities and commitment to the safety, security, and dignity of women workers. Non-compliance with these conditions will render the Occupier and Manager liable for penalties under Section 92 of the Factories Act, 1948.

The legislative intent behind this notification is rooted in the policy rationale of enhancing economic participation for women and streamlining industrial operations. Prior to the Factories (Odisha Amendment) Act, 2020, Section 66 of the Factories Act, 1948, generally restricted the employment of women between 7:00 p.m. and 6:00 a.m., aiming to protect their well-being. However, recognizing the evolving economic landscape and the need for greater gender inclusivity in the workforce, the amendment introduced flexibility, allowing state governments to make exceptions under stringent conditions. This notification addresses the statutory gap by operationalizing that enabling provision, thereby creating a framework for safe and regulated night employment for women. The legislation provided: “to expand employment opportunities for women in Factories and for Ease of Doing Business”. This policy shift introduces new obligations for factory management regarding worker welfare and safety, while simultaneously expanding rights and opportunities for women workers. The self-certification mechanism serves as a primary enforcement tool, placing direct responsibility on factory occupiers to adhere to the prescribed safeguards, with clear penalties for any failure to comply.

Keywords: Odisha Factories Act, Women Night Shift, Labour Law Odisha, Factories Act Amendment, Women Employment, Ease of Doing Business, Worker Safety, Maternity Benefit, Self-Certification

Geo Tags: Country: India, State: Odisha District: Not Applicable