Rule 76. Special provisions relating to employment of women under section 43

The Women employees may be employed before 06:00 a.m. and beyond 07:00 p.m. in any establishment subject to the following conditions:-(a) no women employee shall be bound to work without her consent taken in writing, before 06:00 AM and after 07:00 PM;

(b) the employer shall make necessary arrangements at the expense of the establishment for her transport from her residence to the establishment and back and he shall make an arrangement for a helpline number at visible common place;

(c) the employer shall provide for supper to all such female employees;

(d) employer shall ensure sufficient supervision during such working hours and journey thereof;

(e) employer shall ensure well maintained toilets, washrooms, changing rooms, drinking facilities, entry and exit points for women and he shall also ensure that passages to these amenities are well lit and near the workplace; and suitable provisions of closed circuit televisions (CCTV) surveillance on the way to these facilities shall be ensured by the employer;

(f) during night shifts not less than four women employees shall be allowed or required to work in the premises or a particular department;

(g) the employer shall intimate the arrangements proposed by him to the Inspector-cum-Facilitator having jurisdiction in the area for verification, affording him a minimum period of seven days for such verification;

(h) the employer shall send a monthly report electronically or otherwise to the Inspector-cum-Facilitator under the Code about the details of women employees engaged during night shifts and shall also send express report whenever there is some untoward incident to the Inspector-cum-Facilitator and the local police station as well;

(i) the Inspector-cum-Facilitator having jurisdiction in the area shall enforce the safe working conditions of women employees and carefully take note of any non-compliance in their inspections from time to time;

(j) no women employee shall be employed against the maternity benefit provisions as laid down under the Code on Social Security, 2020 (Act No. 36 of 2020),

(k) additional paid leave may be permitted to the women employees during their menstruation period for the night shifts;

(l) employer shall take appropriate steps to prevent sexual harassment. The employer shall maintain a complaint mechanism in the establishment itself as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act No. 14 of 2013) or in any other related enactments;

(m) the women employees shall be made aware of their rights in particular by prominently displaying the guidelines as may be required;

(n) sanitary napkins of adequate quantity conforming to Indian standards shall be provided and maintained in the women’s toilets for their use, and the same shall be replenished on daily basis.

(o) disposable bins with lids shall be provided within the women’s toilets for the collection of the used napkins. The used napkins shall be disposed of as per the procedure approved by the Inspector-cum-Facilitator.

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