In a move to enhance the Ease of Doing Business and support gender-inclusive workplaces, the Government of Himachal Pradesh has issued a notification permitting women employees to work night shifts in shops and commercial establishments across the state.
This reform is part of the Business Reform Action Plan (BRAP) 2024, aimed at compliance reduction and operational flexibility for businesses in Himachal Pradesh. The exemption is granted for one year under Section 27 of the Himachal Pradesh Shops & Commercial Establishments Act, 1969, and is applicable to establishments already exempt from Sections 9 and 10 of the Act.
🔑 Key Provisions for Employing Women in Night Shifts
- Working Hours:
Women may now work before 6:00 AM and after 7:00 PM in eligible establishments, ensuring equal opportunities. - Overtime Rules Apply:
Women can work more than 8 hours per day subject to overtime and spread-over rules under the Act and its Rules. - Maternity Benefits:
All maternity rights under the Maternity Benefit Act, 1961 must be provided without exception. - Safe Transportation:
Employers must provide pick-and-drop transportation to female workers:- Vehicles must have CCTV and GPS.
- Transportation should be feasible and secure.
- Workplace Surveillance & Safety:
- Adequate supervision and CCTV monitoring is mandatory during night shifts.
- Proper lighting in all areas of the workplace must be ensured.
- Emergency Medical Support:
- Employers must maintain a First-Aid Box on-site.
- Ambulance services must be made available on call for emergencies.
- Basic Amenities:
- Access to clean toilets, drinking water, and washrooms must be provided near the work area.
- Safe & Healthy Conditions:
- The work environment must be free from hazards and ensure no disadvantage to women due to their gender.
- Anti-Harassment Compliance:
- Establishments must follow the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Mandatory Reporting:
- Employers must submit quarterly electronic returns detailing the number of women engaged during night shifts to the Labour Inspector of their jurisdiction.
- State Oversight:
- The State Government may issue additional conditions from time to time for continued compliance.
✅ Impact and Next Steps for Employers
This notification marks a significant shift toward workplace gender equality, enabling women to participate in round-the-clock business operations. However, it places equal emphasis on ensuring security, health, and dignity of women employees during night work.
Employers across Himachal Pradesh should:
- Review infrastructure for compliance (lighting, toilets, security, etc.).
- Set up electronic reporting systems for quarterly returns.
- Establish or reinforce internal complaint mechanisms under the 2013 anti-harassment law.
- Arrange safe transport options with tracking and supervision.
🗓️ Effective Period
The exemption is valid for one year from the date of publication in the official gazette — until July 2026, unless extended or modified.
This progressive move opens doors for greater female workforce participation in sectors like hospitality, IT, retail, and BPOs—provided employers strictly adhere to the safety and welfare conditions prescribed.