Ensuring safe ambience

The latest shaving company advertisement has made all of us introspect about the contribution of women in business. Ladies contribute to some of the major sectors across the globe, such as beauty merchandise, fashion, clothes, jewellery, maternity, and even food, to a large extent.

That being said, women working late nights is still a big issue at many places. Should women be asked or allowed to work late? In the case of an unfortunate situation, would the employer be held responsible? Can a woman be deprived of her right to work till late and her right to equal remuneration? What protections is an employer supposed to provide for women employees? These are some of the questions posed daily.

The primary laws governing working hours for women in India are the Shops and Establishment Act and the Factories Act. Both of these Acts include provisions with respect to working hours of employees. Specific timings have been provided for women. For instance, Section 14 of the Delhi Shops and Commercial Establishment Act, 1954, states that no female is to be allowed or required to work, whether as an employee or otherwise, in any establishment between 9 p.m. and 7 a.m. during the summer season and between 8 p.m. to 8 a.m. during the winter season. However, entities pertaining to IT, call centres, BPOs, media, journalism, etc., have exemptions from these provisions to a large extent. Certain states require permission for women to work till late, subject to conditions such as providing transport.

Under the Factories Act, no female worker is allowed to work in a factory except between 6 a.m. and 7 p.m. The state governments have been given the discretion to vary the limits as set out, but only up to a certain limit. The Beedi and Cigars Act, 1966, Mines Act, 1952, Plantation Act, 1951, Inter-state Migrant Act, etc., also prohibit late-night working, which is reasonable. These organizations cannot be compared with establishments.

In fact, now that we have a work-from-home culture, the same can be utilized for bridging the gap at many workplaces, if not all. No doubt, open-mindedness has to be there. Women too should have equal opportunities and, above all, an equal right to earn. Candidly, with an increase in intolerance and divorce rates, it is imperative for women to be financially independent. They too should have the privilege of those extra pennies, overtime, late-night international client calls, etc. Precautions such as absolutely safe transport, a secure environment, and security should be taken care of, as mandated by the Acts as well as state circulars. It is also incumbent on corporates to provide adequate facilities such as restrooms, pantries, etc., especially for late-night working women. Utmost caution should be exercised so that few ladies are together and not barely one. Also, a woman cannot be forced to work till late if she is unwilling.

Several companies have policies for late-night working women, which include instructions to transporters regarding where women should be dropped off. Female employees are required to fill out a detailed form, including their address and details of family members and guardians. If the lady employee is not using the company's transport, she is required to give in writing the details of the person she is traveling with. Until an employee reaches home after the company's work, it is the employer's responsibility to ensure her safety. However, if the employee herself chooses to deviate or give incorrect declarations or details while the employer has taken all precautions and followed legal provisions, then the company can defend such a situation in case of an adverse situation.

One size does not fit all. In cities that are not very safe or establishments situated in remote areas, late working hours for women may still not be a very good option, though efforts for improvement must be made for better job opportunities. In this respect, the work-from-home culture must be promoted. Not everything can be spoken solely in favour of women. The topic would be incomplete if it's not pointed out that women too need to stop making excuses, taking extended leaves, and avoiding work on lame excuses, thereby creating a hiring hurdle for themselves.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal