Odisha Government Notifies Conditions for Women's Night Work in Factories

The Labour E.S.I. Department of the Government of Odisha issued Notification No.6721LESI-LL2-FM-0008/2025/LESI. on July 24, 2025. This notification, which came into force upon its publication in the Official Gazette on the same date, permits registered factories within the state to engage women workers during night shifts, specifically between 7:00 p.m. and 6:00 a.m. The issuance of this delegated legislation stems from the proviso to clause (b) of sub-section (1) of Section 66 of the Factories Act, 1948, as amended by the Factories (Odisha Amendment) Act, 2020. This proviso empowers the State Government to allow such employment by notification, provided it is satisfied that adequate safety, security, and welfare measures are in place. The notification outlines ten specific conditions that factories must adhere to for engaging women in night shifts. These include obtaining written consent from women workers, ensuring compliance with the Maternity Benefit Act, 1961, and providing adequate transportation facilities equipped with GPS tracking for pick-up and drop-off near their residences. Factories are also mandated to provide separate toilet and washroom facilities, and those employing over 30 women workers must arrange crèche facilities (daycare for children) during night shifts. Further safeguards involve ensuring well-lit workplaces, including passages and facilities, with suitable provisions for closed-circuit television (CCTV) surveillance. Where applicable, boarding and lodging for women workers must be exclusively for women and managed by women wardens or supervisors. Establishments are required to prominently display dedicated telephone numbers, including the Government Toll-free Helpline for Women (181) and the Labour ESI Department Helpline (18003456703). A crucial provision mandates that any Occupier (the person having ultimate control over the affairs of the factory) employing women during night shifts must submit a self-certification electronically through the designated departmental portal, affirming compliance with all stipulated facilities and commitment to the safety, security, and dignity of women workers. Non-compliance with these conditions renders the Occupier and Manager liable for penalties under Section 92 of the Factories Act, 1948.

The legislative intent behind this notification is primarily to expand employment opportunities for women in factories and to foster an environment conducive to Ease of Doing Business within the state. The earlier legal position, established by Section 66(1)(b) of the Factories Act, 1948, generally restricted the employment of women between 7:00 p.m. and 6:00 a.m. However, the Factories (Odisha Amendment) Act, 2020, introduced a proviso allowing the State Government to relax this restriction through a notification, contingent upon the implementation of robust safety and welfare measures. This notification addresses the statutory gap by operationalizing this proviso, thereby enabling greater female participation in the industrial workforce while simultaneously ensuring their protection. The legislation provided: “Now, therefore, to expand employment opportunities for women in Factories and for Ease of Doing Business, the Government after careful consideration and in exercise of the said powers, do hereby allow the Registered Factories in the State to engage women workers between 7.00 p.m. and 6.00 a.m., subject to the following conditions:–” This move aims to balance economic growth with social responsibility by creating a framework that facilitates women's employment in night shifts under secure and supportive conditions. The introduction of specific safeguards, such as mandatory GPS-enabled transportation, crèche facilities, and CCTV surveillance, directly addresses potential issues related to women's safety and welfare during night work. The requirement for self-certification by the Occupier serves as an enforcement mechanism, placing the onus on factory management to ensure adherence to the prescribed conditions. This mechanism, coupled with the threat of penalties under Section 92 of the Factories Act, 1948, for non-compliance, reinforces the state's commitment to protecting women workers while promoting industrial growth. The notification does not amend the parent Act but rather implements its provisions through delegated authority, thereby modifying the operational framework for factories concerning women's employment during specified hours.

Keywords: Women workers, night shift, Factories Act, Odisha, employment opportunities, safety, welfare, self-certification, labour law, industrial relations Geo Tags: India, Odisha District: Not Applicable