No. 101–2

No.

shifts i.e. f

cent expo

no. 6/3/20

No. 14939

30(3) of th

women in

IT, ITEs, B

logistics an

Establishm

28 of the A

Chief Insp

which the

the followi

It sh

dete

of v

Sex

Act

Aut

All

hara

(i)

Har

f Haryana

022/Ext.] CH

. 17217.— W

from 7:00 PM

ort oriented e

022-1Lab date

dated 17.05.2

hereas the Stat

he Punjab Sho

night shifts in

Banking estab

nd warehousin

ments Act, 195

Act, prescribed

application f

ectors of Shop

exemption is

ing conditions

hall be the dut

er the commis

victim or pros

xual Harassme

t). The emplo

thority under t

employers or

assment and th

Express p

behaviour

favours or

verbal or n

ryana

HANDIGARH

Whereas the St

M to 06:00 AM

establishment

ed 01.12.2004

2022;

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

ty of the empl

ssion of acts o

secution of ac

ent of Women

yer/occupier

the Act and al

r persons in c

hey should tak

prohibition of

r either directl

r make sexua

non-verbal co

a Go

EXTRA

Publish

H, TUESDAY

HARYA

LABO

tate Governm

M in IT, ITEs

ts vide notif

4 and further

nt of Haryana

ercial Establis

heir security an

hree star or ab

ments in the Sta

mploy women

xemption sha

a within one m

ch exemption

loyer or other

of sexual hara

cts of sexual h

n at Workplac

must submit

lso to the Labo

charge of wor

ke the followi

f sexual hara

ly or by impl

ally coloured r

ontact of sexua

(1937)

overn

AORD

hed by A

Y, JUNE 7, 2

ANA GOVER

OUR DEPAR

Notification

The 7th June, 2

ment of Harya

s, Banking es

fication No.

r in logistics

in exercise o

shments Act,

nd safety so a

bove hotels, h

ate of Haryan

workers in ni

all be entertain

month before

will be valid

r responsible p

assment and to

harassment by

e (Prevention

a copy of An

our Commissi

rk place or fac

ing steps:

assment in a

ication or adv

remarks or sh

al nature;

nment

DINAR

Authority

2022 (JYAIST

RNMENT

RTMENT

2022

ana has notifie

stablishments,

6/3/2002-1La

s and wareho

of the powers m

1958, has laid

as to safeguard

hundred per c

a, registered u

ight shifts may

ned unless re

the date of co

for one year,

persons at the

o provide the

y taking all ste

n, Prohibition

nnual Return w

ioner, Haryan

ctory should t

any form suc

vances or con

howing porno

t Gaz

THA 17, 1944

ed to allow e

three star or

ab dated 27.

ousing establi

mentioned un

d down certain

d the interest o

cent export or

under the Punj

y apply for thi

ceived by the

ommencement

and such exe

work places o

procedures fo

eps required a

and Redressal

which is to b

na.

take appropri

ch as unwelc

ntact to gain c

ography or any

zette

4 SAKA)

employing wo

above hotels

.08.2003 and

shments, vide

nder Section 2

n conditions f

of the women

riented establ

njab Shops and

is exemption u

e Labour Com

t of the period

mption shall b

or institutions

or the resoluti

as per the prov

l) Act, 2013 (

be submitted t

ate steps to p

come sexually

contact or dem

y other unwe

omen in night

, hundred per

d notification

e notification

8 and Section

for employing

n workers any

lishments and

d Commercial

under Section

mmissioner or

d in respect of

be granted on

s to prevent or

ion; statement

visions of the

(now onwards

to the District

prevent sexual

y determined

mand sexually

elcome physic

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.

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.

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.

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”.

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.

The female employee should be made aware of their rights in particular by prominently notifying the

guidelines on the subject.

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.

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)

1939

19.

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

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.