Women

In Night Shifts

Shivika Sharma

Published on: Sep 11, 2025

Arshi Saxena

Updated on: Sep 11, 2025

★★★★★(1 Rating)

Introduction

For decades, women in India were restricted from working at night, largely due to safety and social concerns. While well-intentioned, these restrictions often held back careers and left organizations operating below their full potential.

In today’s 24×7 economy, excluding women from night shifts limits opportunities, diversity, and competitiveness. Recognizing this, states across India have amended their labour laws to permit women to work during the notified night shift hours, provided employers ensure robust safety, welfare, and compliance measures.

This shift reflects a broader movement toward gender equality, inclusivity, and business continuity while making compliance and employee well-being non-negotiable.

Legal Framework & Requirements

Although specific provisions vary from state to state, the core compliance obligations remain consistent. Additionally, notifications across states also prescribe other important requirements, including:

Employee Consent– Written consent in some states.

Prior Approval– Intimation/permission from labour authorities in some states before engaging women in night shifts.

Safe Transport– Door-to-door pickup and drop, with security personnel.

Women Supervisors– Mandatory deployment of women supervisors during night hours.

Workplace Safety– Adequate lighting, CCTV, security staff, and women supervisors.

Helpline & Emergency Facilities– Display of helpline numbers and provision of emergency contact mechanisms.

POSH Compliance– Internal Complaints Committee under the POSH Act, 2013.

Shift Restrictions– Adequate rest intervals and restrictions on continuous night shifts beyond prescribed limits.

Health & Welfare– Restrooms, medical aid, reasonable shift rotations.

Record Maintenance– Employers must maintain registers and records evidencing compliance.

Equal Treatment– No wage discrimination or coercion for the night shift.

Employer Responsibility– Liability for ensuring safe conditions both inside and outside workplace premises.

State-Wise Compliance Matrix

State	Notification / Date	Applicable Law	Key Provisions	Validity	Applicability	Night Shift Timing
Telangana	13-Oct-22	Telangana Shops & Establishments Act, 1988	Exemption from Sec. 23; women allowed in night shifts with safety, transport, POSH compliance	Valid until withdrawn or superseded by fresh notification	All Shops & Establishments	8 P.M. – 6 A.M.
Tamil Nadu	08-May-25	TN Shops & Establishments Act	Shops/establishments permitted 24×7; women allowed in night shifts with safeguards	3 years from notification date (extendable by govt. order)	All Shops & Establishments	8 P.M. – 6 A.M.
Rajasthan	19-Mar-24	Rajasthan Shops & Commercial Establishments Act, 1958	Exemption from Sec. 22; women permitted in night shifts with prescribed conditions	3 years from notification date	All Shops & Establishments	7 P.M. – 6 A.M.
Haryana	08-May-25	Punjab Shops & Commercial Establishment Rules, 1958	Applies to IT, ITeS, banking, logistics, hotels; transport, safety, grievance redressal mandatory	Valid till rescinded; applies continuously unless withdrawn	IT, ITeS, Banking, Logistics etc.	7 P.M. – 6 A.M.
Gujarat	01-Jul-25	Factories Act, 1948 (State Amendment)	Women allowed in night shifts in factories with safeguards on safety & welfare	Permanent amendment – in force until repealed	Factories	7 P.M. – 6 A.M.
Goa	03-Jul-25	Goa Shops & Establishments Act, 1973	Women authorized; employer accountable for security & transport	Effective from date of publication in Gazette; ongoing validity	All Shops & Establishments	7 P.M. – 6 A.M.
Maharashtra	Form L (Rule based)	Maharashtra Factories Rules	Written consent mandatory (Form L); employer to provide transport, security, POSH	Continuous requirement under Factories Rules	Factories	7 P.M. – 6 A.M.
Punjab	30-07-25	Punjab Shops & Establishments Act	Similar to Haryana; women allowed with safety & welfare measures	Valid till superseded by further govt. notification	Shops & Establishments	7 P.M. – 6 A.M.
Karnataka	27-09-24	Karnataka Shops & Establishments Act	Women allowed subject to transport, workplace safety, grievance redressal	Permanent amendment – applies until withdrawn	Shops & Establishments	8 P.M. – 6 A.M.
Andhra Pradesh	26-Oct-22	AP Shops & Establishments Act	Women allowed with safety provisions, shift restrictions, employer obligations	Valid until modified by subsequent notification	Shops & Establishments	8 P.M. – 6 A.M.

Consequences of Non-Compliance

Failure to comply with statutory provisions governing women’s night shift employment exposes employers to serious legal and business risks:

Legal Penalties – Prosecution under state-specific Shops & Establishments Acts or Factories Acts, with fines and even imprisonment for repeated or serious breaches.
Regulatory Action – Labour Departments may suspend, revoke, or refuse renewal of licenses/registrations, directly affecting business operations.
Civil & Criminal Liability – Employers and responsible officers can face civil claims for damages and criminal prosecution in cases of harassment, accidents during transport, or unsafe workplace conditions. Accountability may extend to directors under the IPC, labour laws, and the POSH Act, 2013.
Reputation Damage– Non-compliance erodes employee trust, attracts adverse media and stakeholder scrutiny, and weakens employer brand value—impacting both talent retention and client relationships.

Non-compliance is therefore not just a regulatory lapse but a serious legal exposure that can endanger business continuity, leadership accountability, and organizational credibility.

Best Practices for Employers

Organizations can go beyond the minimum legal requirements to create safer, more inclusive workplaces:

Comprehensive Night Shift Policy – Covering consent, safety, and grievance redressal.
Safety Audits – Regular checks on transport, workplace safety, and welfare facilities.
Training & Awareness – For supervisors, drivers, and employees.
Technology Integration – GPS-enabled transport, CCTV, digital reporting systems.
Transparent Communication – Ensure voluntary participation and open feedback channels.
Integration with New Labour Codes – The Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020 expressly addresses women’s employment in night shifts under Section 43, which permits women to work before 6 A.M. and after 7 P.M., subject to their consent and adherence to prescribed conditions. Employers are mandated to ensure:
- Safe transport facilities to and from the workplace.
- Secure workplace infrastructure, including adequate lighting, CCTV surveillance, and the presence of women supervisors.
- Health and welfare provisions, such as medical aid, restrooms, and reasonable rest intervals.
- POSH compliance, with a functional Internal Complaints Committee as per the POSH Act, 2013.
- Additional safeguards as may be notified by state governments, since the Code empowers them to impose further conditions for women’s night work.

This framework makes women’s night employment not just legally permissible but a protected right, underpinned by clear statutory obligations on safety, welfare, and accountability.

Final Word: Her Shift. Her Right. Her Time.

This movement is not a favour to women. It’s a long-overdue recognition that equality doesn’t work part-time.

Because when a woman walks into her workplace at 10 P.M.—head held high, route secured, team in place—she is not just doing her job. She’s redefining what’s possible for every girl who follows.

India doesn’t just shine brighter when its women work the night shift. It moves forward—boldly, inclusively, and irreversibly.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.