Labour reforms: State cabinet gives nod to night shifts for women workers

Currently, under the Factories Act, women are not permitted to work between 7 pm and 6 am.

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Subhash Desai, state industries minister said, “Several labour union leaders and politicians had made this demand, and so we have decided to allow women in factories to work post 7 pm. The companies  making women employees work night shifts will have to also provide for their security. In sectors such as information technology, women are anyway known to work long hours and night shifts.”

Desai said that the state government decided to make these changes as per the guidelines of the Union government, and states such as Rajasthan have already permitted women to work night shifts.

In a move that will take 14,300 small units across the state out of the purview of the Factories Act, the  government also decided to redefine the criteria for factories bound by the legislation.

“These small industries are currently employing close to 1.90 lakh workers,” a press statement from the chief minister’s office said.

Currently, all factories that use electricity and employ 10 or more workers or all such factories not running on electricity but employing 20 or more labourers fall under the jurisdiction of the Factories Act. The government has decided to change this criteria for factories running with and without electricity to 20 and 40, respectively.

Further, the government has decided to scrap the mandatory clearance that companies had to secure for making their employees work overtime under the Factories Act, and has also raised the limit for the number of extra hours that a worker can be permitted to work to 115 from 75 per quarter.

However, the minimum number of days that a worker is required to work to be eligible for paid leave is now being brought down to 90 per year from the current 240.

Fadnavis said, “We have decided to waive this clearance in the interest of workers. Earlier, factories would not take such a clearance but still make employees work overtime without compensating them.”

To stop an “inspector raj” leading to harassment of industries, Fadnavis said that the government has also decided to compound minor offences by units so that fewer cases go to the courts. To register a court case, inspectors will have to get the written permission of the regional chief factory  inspector.

Ashok Dhawale, central committee member, CPI(M) said, “These are all anti-labour changes. Taking over 14,000 small units out of the ambit of the Factories Act will leave the labourers working here with no legal framework to fight for their rights.”