Form L - Consent of Women Worker to work in night shift

Rule 13 Conditions for employment of women in general as well as in night shifts

1. The following are the conditions for employment of women workers in general in any establishment irrespective of the number of woman workers employed therein, namely:-
   1. The employer shall take all the measures and safeguards to prevent or deter the commission of the Acts of sexual harassment at place of work by strictly implementing and enforcing all the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013).
   2. In case of sexual harassment at the instance of a third party, either by an act or commission, the employer shall take all necessary and reasonable steps to assist the affected women workers in terms of support and preventive action.
   3. Provide proper lighting and illumination inside the establishment and also surroundings of the establishment and to all places where the women worker may move out of necessity in the course of such shift.
   4. Every employer shall maintain a complaint box. Every employer shall also display the phone numbers of the local police station, control room, and women helpline number prominently in the establishment.
   5. A sufficient number of woman security guards shall be engaged in the establishment employing not less than ten women workers. The Police verification of such women security guards shall be mandatory.
   6. Separate urinals and latrines shall be maintained for women workers with a safety locking facility only from inside.
2. The following additional conditions shall have complied for employment of women workers in night shifts, namely:-
   1. Women workers shall be allowed to work during 9.30 p.m. and 7.00 a.m. in any establishment only after obtaining her consent in Form ‘L’.
   2. The number of women workers employed in the night shift shall not be less than three at any point in time.
   3. To provide a safe and secure separate transportation facility for all the women workers working in the night shift from the workplace to the doorstep of their residence and vice-versa. The employer shall have all the details of the drivers, guards, and all such workers engaged by themselves or through any agency or contractor. Police verification of all such workers engaged for safe and secure transportation of women workers shall be mandatory.
   4. In addition to the holidays as mentioned in section 18 of the Act, every women worker who works the night shift as per her shift schedule shall be eligible for one additional paid holiday for every two months in a year.
   5. There shall be not less than twelve consecutive hours of rest or gap between the last shift and night shift whenever a women worker is changed from day shift to night shift and also from night shift to day shift.
   6. No women worker shall be allowed to work in night shift during the period of twenty-four weeks before and after her childbirth, of which at least twelve weeks shall be before the expected childbirth, and for further such period, if any, as specified in the medical certificate stating that it is necessary for the health of the women worker or her child: Provided that, the said period may be relaxed at the request of women worker on the basis of medical certificate from a qualified medical practitioner stating that neither her health nor that of her child will be endangered.
   7. Every employer shall annually submit an undertaking to the Facilitator that he shall provide all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, dignity and honour of women workers in general and particularly of those on night shift.

Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules 2018