Har
ryana
a Go
overn
EXTRA E Publish nment
t Gaz
zette
RY
AORD
hed by A
© Govt. of
f Haryana
No. 178–20
022/Ext.] CHA
ANDIGARH,
, FRIDAY, SE DINAR Authority
EPTEMBER 3
30, 2022 (ASV
VINA 8, 1944
4 SAKA)
HARYA
ANA GOVER
RNMENT
LABO
OUR DEPAR
RTMENT
n
Notification
The 3
30th Septembe
er, 2022
Mgt/2022/64/33
No. Punjab Sho said Act, a LLP, 20th section 30 publication
I.R.-II-Exm op and Comm and all the po Floor, Build of the Punjab n of the notific
p/NS (W)/M mercial Establ owers enabling ding No. 5, B b Shops and C cation in the O
ishments Act g him in this lock-A, DLF Commercial E Official Gazett
3020.— In ex , 1958 (Punja behalf the G F Cyber City, stablishments te subject to th
1. It sh dete of v Sexu Act) Auth
hall be the dut er the commis victim or pros ual Harassme ). The employ hority under t
ty of the empl ssion of acts o ecution of act ent of Women yer/occupier m the Act and al
loyer or other of sexual hara ts of sexual h n at Workplace must submit a so to the Labo
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 work ke the followin i. Express p behaviour favours or verbal or n
prohibition of either directl r make sexual non-verbal con
f sexual hara ly or by impli lly coloured r ntact of sexua
assment in a ication or adv remarks or sh al nature;
ii. The Rules discipline offenders a
or regulation prohibiting se and also intro
ns shall be fram exual harassm duce amendm
ferred by Sect with rules fram y exempts Dy eration of the One year fro
tion 28 of the e med under the e yninno India a f provisions of f om the date of xercise of the ab Act 15 of Governor of H , Gurugram Act, 1958 fo he following
powers confe 1958) read w Haryana hereby from the ope or a period of conditions:-
or institutions or the resoluti as per the prov l) Act, 2013 ( e submitted t
s to prevent or r t ion; statement visions of the e (now onwards s t to the District work places o persons at the procedures fo o provide the eps required a y taking all ste and Redressal , Prohibition a nnual Return w which is to b a. ioner, Haryana
ctory should t
take appropria
ate steps to p
l prevent sexual
k place or fac ng steps:
any form suc vances or con howing porno
ch as unwelc tact to gain c graphy or any
come sexually contact or dem y other unwe
d y determined y mand sexually c elcome physic
o conduct and d e es against the
med by the sh
ment and prov
ments whereve
iii. Provide ap that there have reaso
ppropriate wor is no hostile onable ground
rking conditio environment ds to believe th op/establishm vide for approp er necessary as
ment managem priate penaltie s prescribed in
ment relating to es in such rul n the "Act".
ons in respect t towards wom hat she is disad
of work, leisu men at workp dvantaged in
ure, health an places and no connection wi
d hygiene to f o woman emp ith her employ
further ensure e d ployee should yment.
(3867)3868 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 30, 2022 (ASVN. 8, 1944 SAKA) 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 be 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.
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.
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 30, 2022 (ASVN. 8, 1944 SAKA) 386921. 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/Contact No.' of the Driver and Time Pick up of the women employees from the establishment destination.
* The application may kindly be submitted to this office within 30 days before the expiry date, next time.
MANI RAM SHARMA, Labour Commissioner, Haryana.
9907—C.S.—H.G.P. Pkl.