The Government of Madhya Pradesh on August 01, 2022 has issued a notification regarding the working hours of women under the Madhya Pradesh Shops and establishment act, 1958.
The working hours of 9:00 AM to 7:00 PM shall not be applicable to the following terms and conditions:
• It shall be the duty of the employer or other responsible persons the work places or institutions to prevent the commission of acts of sexual harassment and to proceed for prosecution of acts of sexual harassment by taking all steps required;
• All employers or persons in charge of work place or e5tablishment related to Shops and Commercial Establishment should take appropriate steps to prevent sexual harassment and they should take the following steps:
o Express prohibition or Sexual hara55ment in any form such as unwelcome sexual behaviour either directory or by implication or to gain contact or demand sexual favour or make sexually coloured remarks or showing pornography or any other unwelcome physical contact of sexual nature
o The rule 5 or regulations shall be framed by the management of the establishment relating to conduct and discipline prohibiting sexual harassment and provide for appropriate penalties in such rules against the offenders and also introduce amendments wherever necessary which are existing in the Standing Orders
o Provide appropriate working conditions in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment
• In case of any criminal case the employer shall initiate appropriate action in accordance with the penal law without delay and also ensure that victims or witnesses are not victimized or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or transfer the perpetrator, if circumstances warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment;
• The employer of the Shops and Commercial Establishment shall maintain a complaint mechanism in the establishment itself and the said mechanism should ensure time-bound treatment of complaints. Such mechanism should provide, when necessary a complaint committee, a special counsellor or other support services and maintain confidentiality in such matters;
• Such complaint committee should be headed by a woman and not less than half of its members should be women, beside a non-government at organisation’s representation in the committee and such person should be familiar with the issues of sexual harassment;
• The female employees should be made aware of their rights in particular by prominently notifying the guidelines on the subject;
• Wherever there is a harassment at the instance of a third party, either by an act or omission the employer and person in charge of the establishment should take all steps necessary and reasonable to assist the affected person in terms of support and preventive action;
• The employer of the ShOp5 and Commercial Establishment shall provide proper lighting not only inside the establishment, but also in the surroundings of the establishment and in all places where the female workers may move out of necessity in the course of their work;
• The employer shall See that the women workers are employed in a batch not less than ten and the total of the women workers employed in a night time shall not be less than 2/3rd of the total strength;
• Sufficient women security shall be provided during the night time at entry as well as exit points;
• Sufficient number of waiting of sheds shall be provided for the female workers to arrive in advance and also leave after the working hours;
• Separate canteen facility shall be provided for the female workers;
• Separate transportation facility shall be provided by the employer or the owner of the establishment. The employer shall ensure pick up and drop transport facility under security from the women employee’s residence to the work place during the night shift;
• The employer shall appoint not less than two female wardens at night who shall go round and work as Special Welfare Assistants;
• The establishment shall provide appropriate medical facilities and also make available at any time of urgency necessary telephone connections and where more than hundred female workers are employed at night, a separate vehicle be kept ready to meet the emergent situation such as hospitalization;
• Wherever the Shops and Commercial Establishment provides boarding and lodging arrangements for the female works, the same Shall be kept exclusively for the women under the control of women warden5 or supervisors;
• During night time not less than 1/3rd of Strength of the supervisors or shift-in-charge or foreman or other supervisor staff shall be women
• There shall be not less than twelve consecutive hours of rest or gap between the last period and the night period whenever a woman worker is changed from day period to night period and so also from night period to day period;
• The provisions of the Madhya Pradesh Shops and Establishments Act, 1958 and other statutory provisions with respect to the hours of work and the payment of equal remuneration and all other labour legislations Shall be followed by the employer;
• Apart from the facilities, which is permissible under the Madhya Pradesh Shops and Establishments Act, 1958 an additional holiday shall be permitted for the women workers during menstruation period, which shall be a paid holiday for the night time;
• The female workers who work in night shall have a monthly meeting through their representatives with principal eemployer once in eight weeks as grievance day and the employer shall try to cope all just and reasonable grievances;
• The employer shall be at liberty to employ female workers as a whole or in part during night period, provided, the above directions be complied with;
• The employer shall send a monthly report to the Govt. Labour Officer/Asstt. Labour Commissioner about the details of employees engaged during night time and shall also send report Immediately whenever there is some untoward incident to the Govt. Labour Officer/Asstt. Labour Commissioner and local Police station as well.
[Notification No. 1283/443/2022/A-16]
