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Chapter X · OSH Code

Employment of Women

This short chapter opens every establishment and every type of work under the Code to women. Women may work before 6 a.m. and after 7 p.m. with their consent, on conditions about safety, holidays and working hours notified by the government. Where the government considers that employing women in an operation is dangerous to their health and safety, it can require the employer to put adequate safeguards in place before women are employed in it.

2 sections ~1 min read Official text, PDF p. 39
HR managersFactory and plant ownersShift and operations managersWomen workers

Key points

  1. 1Women are entitled to be employed in all establishments, for all types of work, under the Code. §43
  2. 2Women may be employed before 6 a.m. and after 7 p.m., but only with their consent. §43
  3. 3Work outside those hours is subject to conditions on safety, holidays, working hours and any other matter, as notified by the appropriate Government; the Code itself does not fix these conditions. §43
  4. 4If the appropriate Government considers an operation dangerous to women's health and safety, it can require the employer to provide adequate safeguards before employing women in it. §44
  5. 5That safeguard requirement can be aimed at one establishment, a class of establishments, or a particular hazardous or dangerous process within them. §44

At a glance

Before 6 a.m.Early-morning work that needs the woman's consentSection 43After 7 p.m.Evening and night work that needs the woman's consentSection 43
Earlier law:Factories Act, 1948Mines Act, 1952Plantations Labour Act, 1951
43

Employment of women

In plain words

Women are entitled to work in every establishment and in every type of work covered by the Code, and may work before 6 a.m. and after 7 p.m. with their consent, on safety, holiday, working-hour and other conditions notified by the appropriate Government.

Women shall be entitled to be employed in all establishments for all types of work under this Code and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition to be observed by the employer as may be prescribed by the appropriate Government.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 39
44

Adequate safety of employment of women in dangerous operation

In plain words

If the appropriate Government considers that employing women in an establishment, a class of establishments or a particular hazardous or dangerous process is dangerous to their health and safety, it can require the employer to provide adequate safeguards before women are employed in that operation.

Where the appropriate Government considers that the employment of women is dangerous for their health and safety, in an establishment or class of establishments or in any particular hazardous or dangerous processes in such establishment or class of establishments, due to the operation carried out therein, such Government may in the prescribed manner, require the employer to provide adequate safeguards prior to the employment of women for such operation.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 39

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