Is female security guard allowed Is female security guard allowed

1 month ago

Is female security guard allowed for night shift for housing societies

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

The Shops and Establishments Act, a state-specific regulation, governs working conditions in shops and commercial establishments. According to this law, women employees are permitted to work night shifts, provided their safety and security are ensured. Employers must offer transportation services, like cab facilities, for the secure commute of female employees during night shifts. Additionally, access to restrooms, canteens, and other amenities must be provided for women working during these hours. The Madras High Court's ruling in the case of Smt. R. Vasantha v. Union of India (2001) I ILLJ 843 Mad played a pivotal role in promoting diversity, equality, and inclusion at workplaces. This decision influenced several states to allow the engagement of women in night shifts, emphasizing the right to equal opportunity without gender-based discrimination. Statutory provisions, such as Section 66(1)(b) of the Factory Act and similar provisions in state-specific acts, that restrict this right are considered to violate the principles enshrined in the Constitution of India.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
The Shops and Establishments Act is a state-specific law that regulates the working conditions of employees in shops and commercial establishments. Under this law, women employees are allowed to work in night shifts, provided that the establishment ensures their safety and security. The act mandates that employers must provide transportation facilities, such as cab services, to ensure the safe commute of women employees during night shifts. Employers must also ensure that women employees have access to restrooms, canteens, and other facilities during night shifts. The ruling of the Madras High Court (passed in the case of Smt. R. Vasantha v. Union of India, [(2001) I ILLJ 843 Mad), introduced a paradigm shift for diversity, equality and inclusion at the workplace. It paved the path for multiple states to permit the engagement of women employees in night shifts. An individual cannot be denied the equal opportunity to work because of his/her gender. The limitations imposed by statutory provisions like Section 66(1)(b) of the Factory Act and similar provisions under state-specific shops and establishments acts fall squarely in violation of the principles enshrined in the Constitution of India.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconLess Full and final settlement
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...