NEW DELHI: Weeks after announcing amendments to ensure all safeguards under the Delhi Shops and Establishment Act and issuing suitable notifications under the Factories Act, the Delhi government has formally allowed the engagement of women workers in night shifts at shops and commercial establishments.
The notification, issued on Thursday, follows a high-level meeting chaired by Delhi Lieutenant Governor Vinai Kumar Saxena and Chief Minister Rekha Gupta in July, where it was decided that women employees could work night shifts in the national capital with their written consent, as part of efforts to ensure ‘ease of doing business’ and promote ‘maximum governance-minimum government.’
Delhi, being the national capital, should have set an example for other states, but restrictive and outdated laws had long discouraged businesses and economic activity, the L-G said.
The notification further states that every employee will be entitled to double pay for overtime and a maximum of 48 working hours per week, in accordance with the Delhi Shops and Establishment Act. Internal Complaints Committees will also have to be constituted at workplaces.
The government’s labour department, through this notification, added new provisions regarding the employment of women and the conditions of their work. It mandates that written consent from women employees is compulsory for night duties. No employee shall work for more than nine hours a day (including meal and rest time) or 48 hours a week, and not more than five hours at a stretch. Employers must make adequate arrangements for safety, security, and transportation for employees working overtime or night shifts. Overtime wages will be paid at double the normal rate as provided under Section 8 of the Delhi Shops and Establishment Act, 1954. Shift schedules must ensure that no employee is forced to work night shifts exclusively,” the notification added.
It also mandates CCTV installation at establishments, with footage to be preserved for at least one month and submitted when demanded by the Chief Inspector of Shops.
Additionally, the notification provides for compensatory leave for work on national holidays, weekly offs, and access to legal benefits including minimum wages, provident fund, insurance, and bonus.
Every employer engaging women must form an Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, to ensure a safe and dignified working environment.
