Women on Night Shifts: Consent, Transport and Safety Rules Under the Labour Codes
Under the OSH Code, women can work before 6 am and after 7 pm only with their consent and subject to state conditions, typically safe transport home, security including women guards, facilities, and a working POSH committee. Consent can be withdrawn without penalty. State rules differ, so check yours before rostering.
Many factories, warehouses and support centres want to roster women on night shifts, for fairness and because demand runs round the clock. The labour codes allow it, but only on conditions.
The rule
Under the OSH Code, women may work in any establishment before 6 am and after 7 pm, if:
- ✓they have given their consent; and
- ✓the employer meets the conditions on safety, holidays and working hours set by the appropriate government, usually the state.
Consent must be free and can be withdrawn. A woman who does not consent cannot be penalised.
Conditions states typically require
| Area | Typical requirement |
|---|---|
| Consent | Written consent in the prescribed form, kept on file |
| Transport | Safe transport from the workplace to home and back, often with verified drivers |
| Security | Women security guards where a set number of women work at night |
| Facilities | Lighting, rest rooms, drinking water, and sometimes a creche |
| Grievance | An internal committee under the POSH Act, and helpline numbers displayed |
| Group size | Some states require women to be rostered in groups, not alone |
The details differ by state, so read your state's rules under the Code.
A checklist before you roster women at night
- Read your state's rules and any older shop-law conditions still referred to.
- Take written consent from each woman, and let her withdraw it.
- Arrange transport with verified drivers and a trip log.
- Put security, lighting, CCTV and emergency numbers in place.
- Make sure your POSH internal committee is constituted and known.
- Roster in groups where required, and avoid single-person night shifts.
- Keep records: consent forms, transport logs and the roster.
A worked example
A Bengaluru e-commerce warehouse wanted 40 women on its 10 pm to 6 am shift. It took written consent from 35 volunteers, contracted cabs with police-verified drivers and GPS tracking, posted women guards at the gate and loading bays, and set up a rest room. Rosters always have at least four women on a shift.
Frequently asked questions
Can we make night shifts a condition of employment for women?
No. Night work requires the woman's consent.
Do these rules apply to IT and offices?
Yes, to any establishment covered by the Code, subject to state rules for offices and shops.
Who pays for transport?
The employer, where the rules require it.
Sources
- ✓Women's employment: night shift provisions and safety requirements, Bhatt & Joshi Associates
- ✓OSH Code: working hours and night shift protections, Sansa Legal
- ✓Form L: consent of women workers to night shifts, greytHR
This is a summary, not legal advice. State rules vary, so confirm with a labour-law professional.
Written by
HR Manager, Airwix Technologies (Sleet)
Nihit Dobariya is the HR Manager at Airwix Technologies in Ahmedabad, where he runs HR and payroll for the team behind Sleet. He writes about payroll, PF and ESIC, professional tax, the labour codes and everyday HR practice for Indian employers, and checks each rule against the official notification before it is published.
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