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BENGALURU: The state government on Wednesday issued a notification allowing female employees of factories to work in night shifts, 7pm to 6am, correcting a staffing policy which was tilted in favour of male workers.

But the government clarified women cannot be forced to toil till late hours and night shift will be allowed only with their express written consent. There is another important rider: factories must ensure their safety during the extended period.

The policy revision is linked to a decision by the Madras high court , which had declared Section 66(1)(b) of the Factories Act, 1948, as unconstitutional, saying it violated the Constitution’s Articles 14, 15 and 16 on equality. The said section barred women from working in night shift.

“In view of the decision (by the high court), the government of Karnataka hereby allows women to work night shifts subject to conditions,” the notification said. It lists 24 conditions.

“It shall not be made compulsory or obligatory for any woman worker to work in night shifts. Written consent shall be obtained from women who are interested to work in night shifts,” the notice states.

Employers must ensure female workers are employed in a batch of not less than 10 and the number of women present during late hours should be at least be twothirds of the total strength.

“It shall be the duty of the employer or other responsible persons at workplaces to prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution, statement of prosecutions of acts of sexual harassment by taking all steps required,” the notification states.

The management, it adds, must frame rules and regulations relating to conduct and discipline, and take necessary steps for leisure, health and hygiene.

Shanthkumar, senior secretary and Karnataka incharge of the Indian National Trade Union Congress , welcomed the new rules. “Any move in the direction of equality, safety and job security of women is welcome. However, I will need to go through the notification carefully before commenting on how good the government’s decision is and what impact it may have on women workers,” he said.

The Federation of Karnataka Chamber of Commerce and Industry (FKCCI) said the move had been long pending. “FKCCI joined companies which had been demanding this. All companies have assured to the government that they will put in place necessary systems to ensure the safety and security of women employees. We welcome this move,” the industry body’s president, CR Janardhan, told TOI.

