Rule 40. Employment of Women in establishments under Section 43

The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m. on any day, namely: -

(1) The consent of women employee shall be taken in writing;

(2) No woman shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (36 of 2020);

(3) adequate transportation facilities shall be provided to women employees to pick up and drop off such employees at their residences;

(4) the workplace, including passage towards conveniences or facilities concerning toilet, washrooms, drinking water, entry and exit of women employees, should be well-lit;

(5) the toilet, washroom and drinking facilities should be near the workplace where such women employees are employed, and suitable provisions of Closed-circuit television (CCTV)surveillance on the way to these facilities should be provided;

(6) Sanitary napkins of adequate quantity conforming to relevant Indian Standards formulated by the Bureau of Indian Standards shall be provided and maintained in the women’s toilets for their use, and the same shall be replenished on a daily basis.

(7) Disposable bins with lids shall be provided within the women’s toilets for the collection of the used sanitary napkins. The used sanitary napkins shall be disposed of in a safe, hygienic and eco-friendly process by using a suitable electrical incinerator;

(8) Provide safe, secure and healthy working conditions such that no woman employee is disadvantaged in connection with her employment;

(9) Dedicated telephone numbers of the establishments shall be displayed at conspicuous places both at the establishment as well as inside the vehicles, so that any woman employee can utilise them, in case of any exigency or emergency.

(10) The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (ActNo.14 of 2013), as applicable to the establishments, shall be complied with.

(11) Any other safety and security measures as may be notified by the state government from time to time