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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 218-2022/Ext.] CHANDIGARH, WEDNESDAY, DECEMBER 14, 2022 (AGRAHAYANA 23, 1944 SAKA)

HARYANA GOVERNMENT

LABOUR DEPARTMENT

Notification

The 14th December, 2022

No. I.R.-II-Exmp/NS(W)/Mgt/2022/71/40107.— In exercise of the powers conferred by Section 28 of the

Punjab Shop and Commercial Establishments Act, 1958 (Punjab Act 15 of 1958) read with rules framed under the

said Act, and all the powers enabling him in this behalf the Governor of Haryana hereby exempts American Express

(India) Private Limited, 1st to 4th Floor, Block 3, Zone 6, Group Housing Scheme, DLF City-V, Gurugram

from the operation of the provisions of section 30 of the Punjab Shops and Commercial Establishments Act, 1958 for

a period of One year from the date of publication of the notification in the Official Gazette subject to the following

conditions:-

1. It shall be the duty of the employer or other responsible persons at the work places or institutions to prevent or

deter the commission of acts of sexual harassment and to provide the procedures for the resolution; statement

of victim or prosecution of acts of sexual harassment by taking all steps required as per the provisions of the

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (now onwards

Act). The employer/occupier must submit a copy of Annual Return which is to be submitted to the District

Authority under the Act and also to the Labour Commissioner, Haryana.

All employers or persons in charge of work place or factory should take appropriate steps to prevent sexual

harassment and they should take the following steps:

Express prohibition of sexual harassment in any form such as unwelcome sexually determined

behaviour either directly or by implication or advances or contact to gain contact or demand sexually

favours or make sexually coloured remarks or showing pornography or any other unwelcome physic

verbal or non-verbal contact of sexual nature;

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

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 14, 2022 (AGHN. 23, 1944 SAKA)

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 07.00 PM to 06.00 AM 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.

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.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 14, 2022 (AGHN. 23, 1944 SAKA)

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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/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.

SUJAN SINGH,

Labour Commissioner, Haryana.

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