Night Shift Rule in Karnataka

Ask the Community HR
1

HI,

Pls advice the night shift rule for karnatka,

  1. is it mandatory to provide cab facility
  2. do company need to maintain form R
  3. is there any other specific things to be noted.

pls advice

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2

Hi @paycheck

We have an extensive blog on this written by experts.

Hope this should help

3 Likes
3

Hi,

Pls advice the night shift rule for karnatka,

Advice inline

3 Likes
4

flamelink_media_public_0e_13_0e139aec-e79c-48ba-b4e8-7a6e19f2aa52_3_-nov_2019-_karnataka_allows_women_employees_to_work_in_night_shifts_in_factories.pdf|attachment (398.7 KB)

  1. It is the duly of employer to prevent or deter the commission of acts amounting to sexual harassment and to provide procedures for resolution, statement or prosecutions of acts of sexual harassment by taking all steps required.
  2. In case of any criminal case the employer shall initiate appropriate action in accordance with penal law without delay and also ensure that victims or witness are not victimized or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected workers, shift or transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment.
  3. The employer shall maintain a complaint redressal mechanism in the factory itself which shall ensure time-bound treatment of complaint, provide when necessary a complaint committee, a special counselor or other support services including the maintenance of confidentiality.
  4. Such complaint committee shall preferably be headed by a woman and not less than half of its members should be women besides a non-governmental organization’s representation and such representative should be familiar with issues of sexual harassment.
  5. The female employees shall be allowed to raise issues of sexual harassment to workers in the workers’ meeting and other appropriate forums.
  6. The female employees shall be made aware of their rights in particular by prominently notifying the guidelines on the subject.
  7. Where there is a harassment at the instance of third party, either by an act or omission the employer and person in charge of factory shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
  8. Employer shall provide proper lighting, CCTV Coverage inside the factory as well as in surrounding area of the factory and to all places where female workers may move out of necessity in the course of such shift. CCTV footage storage shall be not less than forty five days.
  9. Employer shall see that women workers are employed in a batch not less than ten and the total of women workers employed in a night shift shall not be less than 2/3rd of total strength.
  10. Sufficient women security shall be provided during night shifts at the entry as well as exit points.
  11. Sufficient number of rest rooms shall be provided for the female workers to arrive in advance and also leave after the working hours.
  12. Separate canteen facility shall be provided for female employees.
  13. Employer shall provide transportation facility to women workers from their residence and back for night shifts and security guards including woken security guard and each transportation vehicle shall also be equipped with CCTV Camera.
  14. The factory shall be equipped with appropriate medical facilities, necessary telephone connections; where more than 100 women workers are employed in a shift a separate vehicle be kept ready to meet emergency situations for hospitalization.
  15. The boarding and lodging arrangements provided for women workers shall be kept exclusively for women under the control of women wardens or supervisors.
  16. During night shifts not less than 1/3rd of strength of supervisor shift-in-charge or foreman or other supervisory staff shall be women.
  17. There rest or gap between the last shift and night shift for women workers shall be not less than 12 consecutive hours and likewise from night shift to day shift.
  18. Employer shall appoint minimum of two female wardens per night shift who shall go around and work as special welfare assistants.
  19. Once in eight weeks the women workers working in night shifts and regular shifts shall have a meeting through their representative with principal employer to address the grievances.
  20. Employer shall send a fortnightly report to Inspector of Factories about the details of employees engaged during night shifts and shall also send express report wherever there is some untoward incident to the Inspector of Factories and local police station.
  21. Women workers shall not be compelled or obliged to work in night shifts. A written consent shall be obtained from the women workers who are interested to work in night shifts.
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5

The new Section 25 of the Amended Act, titled ‘ Regulation of Employment of Women during Night ,’ lays down certain conditions to be followed by employers having women employees willing to work at night in a shop or commercial establishment situated in the State of Karnataka. Failure by employers to comply with the stipulated regulations will result in the cancellation of their registration certificate under the Act. The conditions set forth in the new Section 25 are as follows:

  1. The labour regulations stipulated under Sections 7 (Daily And Weekly Hours), 8 (Extra Wages for Overtime Work), 9 (Interval for Rest), 10 (Spread Over) and 12 (Weekly Holidays), of the Act shall continue to apply for women employees willing to work during night shift;
  2. Willingness of women employees to work at night must be obtained by the employer in writing.
  3. The establishment shall provide transport facilities from the residence of the woman employee to the workplace and back free of cost and with adequate security. Such transport facility must have GPS for tracking and monitoring;
  4. Employment of women employees shall be on rotation basis;
  5. Adequate number of security guards shall be posted during the night shift;
  6. Sufficient rest rooms, electricity, latrines lockers, dispensary facility and washing facilities with adequate water supply shall be provided separately for women employees so as to secure their privacy;
  7. The establishment shall bear the cost of crèche obtained by the women employees from voluntary or other organisations;
  8. The establishment shall obtain the bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own;
  9. Further, with respect to any driver employed through outsourcing/ service provider, the establishment shall ensure to its satisfaction that the collection of biodata and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider;
  10. The schedule of route of pick-up and drop shall be decided by the supervisory office of the company/ establishment only. In case of exigencies, change of drivers/routes/shifts shall be allowed only with the prior knowledge of supervisory officers/employees;
  11. The telephone number, particularly mobile phone numbers, email ID and address of the women employees shall not be disclosed to any unauthorised persons;
  12. Careful selection of routes shall be made in such a way that no women employees shall be picked up first and dropped last;
  13. The employer shall provide security guards at the workplace and night shift vehicles when women employees are being picked up first or dropped last;
  14. The designated supervisors of the company or service provider shall randomly check the vehicles on various routes;
  15. The establishment shall have a control room/travel desk for monitoring movement of vehicles;
  16. A mobile app may be developed and adopted by the establishment through which the women employee can contact the concerned at the time of emergency by giving signal; and
  17. Any other condition that may be prescribed from time to time.
4 Likes
6

Hello,
Kindly share the address of District Officer in Karnataka for filing annual return.

Regards,

2 Likes
7

Hi @Sreeja

Hope this should help: Labour Inspector - Labour Commissioner Office

1 Like
8

Thanks a lot DInesh. Yes, this helps.

2 Likes
9

Is there a minimum number of women that should be present during night shifts? What if a company is forcing female employees to work all alone on weekends with just a few male maintenance staff? This is till 11:30 PM

1 Like
10

Hey @julie_smith2016 ,

flamelink_media_public_0e_13_0e139aec-e79c-48ba-b4e8-7a6e19f2aa52_3_-nov_2019-_karnataka_allows_women_employees_to_work_in_night_shifts_in_factories.pdf|attachment (398.7 KB)

  1. It is the duty of employer to prevent or deter the commission of acts amounting to sexual harassment and to provide procedures for resolution, statement or prosecutions of acts of sexual harassment by taking all steps required.
  2. In case of any criminal case the employer shall initiate appropriate action in accordance with penal law without delay and also ensure that victims or witness are not victimized or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected workers, shift or transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment.
  3. The employer shall maintain a complaint redressal mechanism in the factory itself which shall ensure time-bound treatment of complaint, provide when necessary a complaint committee, a special counselor or other support services including the maintenance of confidentiality.
  4. Such complaint committee shall preferably be headed by a woman and not less than half of its members should be women besides a non-governmental organization’s representation and such representative should be familiar with issues of sexual harassment.
  5. The female employees shall be allowed to raise issues of sexual harassment to workers in the workers’ meeting and other appropriate forums.
  6. The female employees shall be made aware of their rights in particular by prominently notifying the guidelines on the subject.
  7. Where there is a harassment at the instance of third party, either by an act or omission the employer and person in charge of factory shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
  8. Employer shall provide proper lighting, CCTV Coverage inside the factory as well as in surrounding area of the factory and to all places where female workers may move out of necessity in the course of such shift. CCTV footage storage shall be not less than forty five days.
  9. Employer shall see that women workers are employed in a batch not less than ten and the total of women workers employed in a night shift shall not be less than 2/3rd of total strength.
  10. Sufficient women security shall be provided during night shifts at the entry as well as exit points.
  11. Sufficient number of rest rooms shall be provided for the female workers to arrive in advance and also leave after the working hours.
  12. Separate canteen facility shall be provided for female employees.
  13. Employer shall provide transportation facility to women workers from their residence and back for night shifts and security guards including woken security guard and each transportation vehicle shall also be equipped with CCTV Camera.
  14. The factory shall be equipped with appropriate medical facilities, necessary telephone connections; where more than 100 women workers are employed in a shift a separate vehicle be kept ready to meet emergency situations for hospitalization.
  15. The boarding and lodging arrangements provided for women workers shall be kept exclusively for women under the control of women wardens or supervisors.
  16. During night shifts not less than 1/3rd of strength of supervisor shift-in-charge or foreman or other supervisory staff shall be women.
  17. There rest or gap between the last shift and night shift for women workers shall be not less than 12 consecutive hours and likewise from night shift to day shift.
  18. Employer shall appoint minimum of two female wardens per night shift who shall go around and work as special welfare assistants.
  19. Once in eight weeks the women workers working in night shifts and regular shifts shall have a meeting through their representative with principal employer to address the grievances.
  20. Employer shall send a fortnightly report to Inspector of Factories about the details of employees engaged during night shifts and shall also send express report wherever there is some untoward incident to the Inspector of Factories and local police station.
  21. Women workers shall not be compelled or obliged to work in night shifts. A written consent shall be obtained from the women workers who are interested to work in night shifts.

You can read more in this document

1623319908-02012021-karnataka-shops-and-establishment-permitted-to-remain-open-24x7-days-for-next-three-years.pdf (870.6 KB)

Notification under Factories Act _2019.pdf (1.5 MB)

Hope this helps.

Community Manager.

11

Does shift work impact the employee’s employment status? E.g. if we were to implement shift work for support staff in a software company so that they are available on a rota to support our customers, would this have any implications to their employment status/would we need to make any changes to ensure we are compliant with Karnataka’s state employment laws?

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