Har
ryana
a Go
overn
EXTRA E Publish nment
t Gaz
zette
AORD
hed by A
© Govt. of
f Haryana
No. 101–2 022/Ext.] CH
HANDIGARH
H, TUESDAY RY DINAR y Authority
Y, JUNE 7, 2
2022 (JYAIST
THA 17, 1944
4 SAKA)
HARYA
ANA GOVER
RNMENT
LABO
OUR DEPAR
RTMENT
n
Notification
The 7th June, 2
T
tate Governm M in IT, ITEs ts vide notif 4 and further
ment of Harya s, Banking es fication No. r in logistics
No. shifts i.e. f cent expo no. 6/3/20 No. 14939
. 17217.— W from 7:00 PM ort oriented e 022-1Lab date dated 17.05.2
Whereas the St M to 06:00 AM establishment ed 01.12.2004 2022;
nt of Haryana ercial Establis heir security an hree star or ab ments in the Sta mploy women Wh 30(3) of th women in IT, ITEs, B logistics an Establishm 28 of the A
hereas the Stat he Punjab Sho night shifts in Banking estab nd warehousin ments Act, 195 Act, prescribed
te Governmen op and Comme n respect of th blishments, th ng establishm 58 wants to em d as under.
for grant of ex ps of Haryana required. Suc
xemption sha a within one m ch exemption 2022
ana has notifie stablishments, 6/3/2002-1La s and wareho
ed to allow e three star or ab dated 27. ousing establi
employing wo above hotels .08.2003 and shments, vide
omen in night t r , hundred per n d notification n e notification
in exercise o shments Act, nd safety so a bove hotels, h ate of Haryan workers in ni
of the powers m 1958, has laid as to safeguard hundred per c a, registered u ight shifts may
mentioned un d down certain d the interest o cent export or under the Punj y apply for thi
nder Section 2 n conditions f of the women riented establ njab Shops and is exemption u
n 8 and Section for employing g n workers any y lishments and d d Commercial l n under Section
all be entertain
month before
will be valid
No Chief Insp which the the followi
application f ectors of Shop exemption is ing conditions
s:
1. It sh dete of v Sex Act Aut
hall be the dut er the commis victim or pros xual Harassme t). The emplo thority under t
ty of the empl ssion of acts o secution of ac ent of Women yer/occupier the Act and al
loyer or other of sexual hara cts of sexual h n at Workplac must submit lso to the Labo
r responsible p assment and to harassment by e (Prevention a copy of An our Commissi
2. All hara
employers or assment and th
r persons in c hey should tak
charge of wor ke the followi
rk place or fac ing steps:
(i) Express p behaviour favours or verbal or n
prohibition of r either directl r make sexua non-verbal co
f sexual hara ly or by impl ally coloured r ontact of sexua
assment in a ication or adv remarks or sh al nature;
ned unless re the date of co for one year,
ceived by the ommencement and such exe
e Labour Com t of the period mption shall b
mmissioner or r d in respect of f n be granted on work places o procedures fo eps required a and Redressal which is to b
or institutions or the resoluti as per the prov l) Act, 2013 ( be submitted t
s to prevent or r t ion; statement visions of the e (now onwards s t to the District persons at the o provide the y taking all ste n, Prohibition nnual Return w ioner, Haryan
na.
ctory should t
take appropri ate steps to p
l prevent sexual any form suc vances or con howing porno
ch as unwelc ntact to gain c ography or any
come sexually contact or dem y other unwe
y determined d y mand sexually c elcome physic
(1937)1938 HARYANA GOVT. GAZ. (EXTRA.), JUNE 7, 2022 (JYST. 17, 1944 SAKA) (ii) The Rules or regulations shall be framed by the shop/establishment management relating to conduct and discipline prohibiting sexual harassment and provide for appropriate penalties in such rules against the offenders and also introduce amendments wherever necessary as prescribed in the "Act". (iii) Provide appropriate working conditions in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
3. In case of any criminal case the employer shall initiate appropriate action in accordance with the penal law without delay and also ensure that victims or witnesses are not victimised or discriminated while dealing with the complaints of sexual harassment and wherever necessary, at the request of the affected worker, shift or transfer the perpetrator, if circumstances so warrant. The employer shall take appropriate disciplinary action if such conduct amounts to misconduct in employment.
4. The employer shall maintain a complaint redressal mechanism in the shop/establishment itself and the said mechanism should ensure time-bound treatment of complaints. Such mechanism should be at any rate to provide, when necessary a Complaint Committee, a special counsellor or other support services including the maintenance of confidentiality.
5. Such Complaint Committee should preferably be headed by a woman and not less than half of its members should be women besides a non-governmental organization's representation in the committee. Such person should be familiar with the issues of sexual harassment as is prescribed under the "Act".
6. The female employees should be allowed to raise issues of sexual harassment to workers in the Workers' meeting and other appropriate forums, written or in electronic form or through a complaint box.
7. The female employee should be made aware of their rights in particular by prominently notifying the guidelines on the subject.
8. Wherever there is a harassment at the instance of a third party, either by an act or omission, the employer and person in charge of the shop/establishment should take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
9. Declaration/consent from each women worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained and a copy of the same shall be forwarded to the Labour Commissioner, Haryana.
10. The employer shall provide proper lighting not only inside the shop/establishment, but also surrounding of the shop/establishment and to all places where the female workers may move out of necessity in the course of such shift.
11. The employer shall see that the women workers are employed in a batch not less than ten and the total of the women workers employed in a night shift shall not be less than 2/3rd of the total strength.
12. Sufficient women security shall be provided during the night shift at the entry as well as exit point.
13. Sufficient number of work sheds shall be provided for the female workers to arrive in advance and also leave after the working hours.
14. Separate canteen facility shall be provided for the female employees, if number of female employees are more than 50.
15. The employer shall provide transportation facility to the women workers from their residence and back (for the night shift) and security guards (including female security guard) and each transportation vehicle shall also be equipped with CCTV cameras.
16. The establishment/management shall provide appropriate medical facilities and also make available at any time of urgency by providing necessary telephone arrangement and where more than hundred women workers are employed in a shift, a separate vehicle be kept ready to meet the emergent situation such as hospitalization, whenever there is a case of injury or incidental acts of harassment etc.
17. Wherever the establishment/management provides boarding and lodging arrangements for the women workers, the same shall be kept exclusively for the women under the control of women wardens or supervisors.
18. During night shift not less than 1/3rd of strength of the supervisors or shift-in-charge or other supervisory staff shall be women.
HARYANA GOVT. GAZ. (EXTRA.), JUNE 7, 2022 (JYST. 17, 1944 SAKA) 193919. There shall be not less than twelve consecutive hours of rest or gap between the last shifts and the night shift wherever a women worker is changed from day shift to night shift and so also from night shift to day shift.
20. In other respects, the provisions of the Haryana Shops and Commercial Establishments Act, 1958 and the rules of other statutory provisions with respect to the hours of work and the payment of Equal Remuneration Act and all other Labour Legislations shall be followed by the employer.
21. The female workers who work in night shifts and regular shifts shall have a monthly meeting through their representative with principal employer once in eight weeks as grievance day and the employer shall try to comply all just and reasonable grievances.
22. The employer shall be at liberty to employ women workers as a whole or in part during night shift, provided, the above directions be complied with.
23. The employer shall send a half yearly report to the Labour Commissioner Haryana about the details of employees engaged during night shifts and shall also send immediate report, whenever there is some untoward incident, to the Labour Commissioner and local Police Station as well.
24. The Management will ensure that the Security Incharge / Management have maintained the Boarding Register/Digitally signed computerized record consisting the Date, Name of the Model & Manufacturing of the Vehicle, Vehicle Registration No. 'Name of the Driver, Address of the Driver, Phone/Contract No.' of the Driver and Time Pick up of the women employees from the establishment destination.
DR. RAJA SEKHAR VUNDRU, Additional Chief Secretary to Government Haryana, Labour Department.
9635—C.S.—H.G.P. Pkl.