Ensuring Women’s Safety at Work: Understanding the Maharashtra Shops and Establishments Act
The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018 outlines the conditions for employing women workers in any establishment, regardless of the number of women workers employed:
General Conditions for Employing Women Workers:
- Non-discrimination: No woman worker shall be discriminated against in the areas of recruitment, training, transfers, promotions, or wages.
- Working Hours: Women workers can only be required or allowed to work between 7 a.m. and 9:30 p.m. unless they give their consent and the employer ensures certain safety measures.
- Prevention of Sexual Harassment: Employers must take necessary actions to prevent sexual harassment at the workplace by strictly adhering to the Sexual Harassment of Women at Workplace Act, 2013. Internal Complaints Committee should be formed to look sensitive matters.
- Support in Case of Harassment: In cases of sexual harassment by a third party, the employer must provide the necessary support to the affected worker and take preventive actions.
- Proper Lighting: The establishment and its surroundings must have proper lighting for the safety of women workers.
- Complaint Mechanism: Employers must maintain a complaint box and display important phone numbers for emergency assistance.
- Security Measures: If the establishment employs at least 10 women workers, a sufficient number of female security guards must be hired, with mandatory police verification.
- Separate Facilities: Separate urinals and latrines, with a safety locking facility from the inside, must be provided for women workers. First-aid kit should also be provided.
- Crèche Facilities: Required in establishments employing 50 or more workers for the children of workers.
Additional conditions for employing women workers in night shifts are:
- Consent for Night Shift: Women workers can work night shifts only after obtaining their consent in Form ‘L’. Consent Form Link
- Minimum Number of Workers: At least three women workers must be employed in the night shift.
- Safe Transportation: Employers must provide safe and secure transportation for women workers from the workplace to their residence, and vice versa. All involved personnel (drivers, guards, etc.) must undergo mandatory police verification.
- Additional Paid Holiday: Women workers employed in night shifts are entitled to one additional paid holiday every two months.
- Rest Period Between Shifts: A minimum gap of 12 consecutive hours must be provided between a day shift and the night shift when a woman worker is switched between shifts.
- Restrictions on Night Shifts During Pregnancy: Women workers cannot work in night shifts during the 24 weeks before and after childbirth. This include at least 12 weeks before expected childbirth, This 12 weeks can be more if a medical certificate specifies that it is necessary for her or her child’s health. However, upon the worker’s request, this restriction may be relaxed if a qualified medical practitioner provides a certificate confirming that working night shifts will not endanger her or her child’s health.
- Annual Undertaking: The employer must submit an annual undertaking to the Facilitator (appointed e Maharashtra Shops and Establishments Act) confirming that all necessary facilities have been provided and the safety, dignity, and well-being of women workers, especially those working night shifts, are ensured.
