Can't mandate night shift for women, employers must take nod: State draft policy
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Kolkata: Employment in night shifts will not be mandatory for women, a 22-point state draft policy released on Wednesday says. Employers will need to obtain written consent from all women staffers working night shifts, said the govt's draft guideline.
During night shifts, one-third of the total strength must be women, added the guideline. The number can't be less than 10. Night shift duties must also be rotational, with a minimum rest period of 12 hours between shifts.
Stating that employers must provide secure and free transportation to and from the workplace for women on night shifts, the state said all vehicles must have trained and verified drivers, GPS tracking and emergency alerts.
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A security guard, preferably a woman, must accompany the vehicle if possible.
The policy shall apply to all establishments — industrial units, IT and ITES, healthcare and emergency services, retail, hospitality, transport, logistics, media and service enterprises — that engage women employees between 8pm and 6am.
The draft goes on to state that all establishments must constitute internal complaints committees, display anti-harassment policies and conduct regular training on workplace behaviour.
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A zero-tolerance policy against sexual harassment must be observed and a quarterly report on night shift deployment of women must be submitted to the labour commissioner.
In Feb, the Calcutta HC bench of CJ TS Sivagnanam and Justice Bivas Pattanayak had sought such a guideline in govt and private spaces, stating such norms were already in place in several states. Following the RG Kar rape-murder last Aug, Bengal govt had launched the Rattirer Saathi project to assist women medical workers in night shifts.
The draft says: "Recent developments, including directions of the high court, have emphasised the urgent need to ensure comprehensive safeguards for women employed during night shifts. This policy consolidates these requirements into a uniform set of enforceable guidelines applicable across public and private sectors."
The policy was discussed in detail on Wednesday based on inputs from all transport stakeholders.
"We have received several suggestions," said a state govt officer.
Among other suggestions in the draft are arranging separate, well-lit and hygienic toilets, and rest areas for women employees. These areas must include fans and drinking water. If feasible, establishments will have to provide clean, safe and hygienic food facilities. In cases where more than 50 women are employed, a dedicated canteen space should be arranged.
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