In a significant move towards promoting gender inclusivity in industrial employment, the Government of Jharkhand has enacted the Factories (Jharkhand Amendment) Act, 2025, allowing women workers to be employed during night hours in factories — a shift from the long-standing restrictions under the central Factories Act, 1948.
This amendment reflects a growing national trend of modernizing labour laws and ensuring that women have equal opportunities across all shifts, including in industrial sectors that operate round-the-clock.
⚖️ Background: Section 66 of the Factories Act, 1948
Under the Factories Act, 1948, Section 66(1)(b) historically prohibited the employment of women between 10:00 p.m. and 5:00 a.m., unless specifically relaxed by the State Government — and even then, not beyond that limit.
This provision, intended to protect women, had become increasingly restrictive in modern times, limiting employment flexibility for both employers and female employees in sectors like textiles, electronics, pharmaceuticals, and food processing — many of which rely on continuous production cycles.
📜 What the Jharkhand Amendment Says
🆕 Proviso Substituted in Section 66(1)(b)
The new amendment replaces the old proviso with the following:
“Provided that, the women workers may be required or allowed to work, with their consent, between the hours of 7.00 p.m. and 6.00 a.m. in any factory, 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 State Government.”
🔍 Key Features of the Amendment
| 🔑 Feature | ⚙️ Details |
| Night Shift Employment Permitted | Women can now legally work between 7:00 p.m. and 6:00 a.m. in factories across Jharkhand. |
| Consent-Based Employment | Female workers must voluntarily consent to night shifts — no coercion permitted. |
| Government-Prescribed Safeguards | Employment must adhere to rules on safety, working hours, and holidays, which the State Government will notify separately. |
| Legal Modernization | Aligns Jharkhand with progressive states like Maharashtra, Karnataka, and Tamil Nadu which have already relaxed similar provisions. |
🏭 Compliance Implications for Employers in Jharkhand
Employers operating factories in Jharkhand must now prepare for the implementation of this change. Key action areas include:
✅ 1. Policy Updates
- Amend HR policies to include provisions for voluntary night shift work for women.
- Ensure shift allotment and consent processes are well-documented.
✅ 2. Workplace Safety
- Provide safe transportation to and from the workplace for women working night shifts.
- Ensure adequate lighting, CCTV coverage, female supervisors, and emergency response mechanisms.
- Consider setting up on-site accommodation, if necessary.
✅ 3. Legal Documentation
- Draft and maintain consent forms signed by women employees opting for night shifts.
- Stay updated with further rules to be prescribed by the State Government.
✅ 4. Awareness & Training
- Conduct awareness sessions for women employees on their rights and safety measures.
- Train managerial staff to handle night shift protocols sensitively and in compliance with the law.
👩⚖️ Empowering Women, Responsibly
This amendment is a positive step toward empowering women in the industrial workforce, ensuring they are not unfairly excluded from employment opportunities due to outdated legal restrictions.
However, the onus is now on employers to implement this provision responsibly and ethically, ensuring that safety, dignity, and consent remain at the heart of all workplace practices.
📝 What’s Next?
The State Government of Jharkhand is expected to notify detailed rules soon, outlining:
- The exact conditions for night shift employment of women.
- Safety and transport standards.
- Holiday entitlements and shift durations.
Employers should monitor notifications from the Department of Labour, Employment & Training, Jharkhand, to stay compliant.
📌 Conclusion
The Factories (Jharkhand Amendment) Act, 2025 marks a landmark shift in the state’s labour policy, enabling a more inclusive and equitable work environment. For employers, this is a compliance milestone — one that also offers an opportunity to build progressive workplaces that respect and empower female talent across all shifts.