Published by: Prakash Consultancy Services (PCS)
Category: Odisha Labour Law | Night Shift Policy | Factory Act Compliance | ESIC Updates
📰 Breaking Labour Law Reform: Odisha Enables Night Shift for Women in Registered Factories
In a landmark move to boost gender parity in industrial employment, the Government of Odisha, Labour & E.S.I. Department has officially permitted engagement of women employees during night shifts (7:00 PM to 6:00 AM). The notification is issued under the amended Section 66(1)(b) of the Factories Act, 1948, aligning with the Factories (Odisha Amendment) Act, 2020.
This reform is a major boost to women employment opportunities, ESIC coverage expansion, and compliance reforms under Ease of Doing Business.
🏛️ Legal Backbone: Odisha Amendment to Factories Act
The state-specific amendment enables the State Government to allow night shifts for women provided the employer ensures safety, security, and dignity of the workforce, with written consent and prescribed facilities in place.
This move reflects progressive implementation of gender-neutral industrial policies while keeping the welfare and safety mandates intact.
📋 10-Point Mandatory Compliance Checklist for Employers
All factories opting to employ women during night shifts must strictly comply with the following legal conditions:
🔢 | Compliance Condition | Legal/Operational Requirement |
|---|---|---|
1️⃣ | Written Consent | Must obtain individual written consent from women workers before assigning night shift duties. |
2️⃣ | Maternity Protection | No night shift work for pregnant or postpartum women; comply with Maternity Benefit Act, 1961. |
3️⃣ | Safe Transport | Provide GPS-enabled transportation (pick & drop) near the worker’s residence. |
4️⃣ | Sanitary Provisions | Ensure separate toilets, washrooms for women near workplace and fully hygienic. |
5️⃣ | Crèche Facility | Required for factories employing 30 or more women. Crèche must be managed or outsourced to NGOs. |
6️⃣ | Well-lit Campus & CCTV | Install lighting and CCTV surveillance along entry, exit, toilets, water points, etc. |
7️⃣ | Dedicated Lodging | If accommodation is provided, it must be exclusively for women, under female wardens. |
8️⃣ | Emergency Helpline Display | Display ESIC Women Helpline (181) and Odisha Labour Helpline (18003456703) clearly. |
9️⃣ | Self-Certification Filing | Occupier/Manager must submit electronic self-certification on Odisha Labour Department portal. |
🔟 | Non-Compliance Penalty | Failure to comply leads to penal action under Section 92 of the Factories Act, 1948. |
📄 Format for Self-Certification (To Be Submitted Online)
The Factory Manager/Occupier must file a digital declaration, confirming:
- Factory registration details and location.
- Written consents obtained.
- Infrastructure and safety compliance.
- Awareness of legal liability for false statements.
This certification must be filed on the designated Odisha Labour Department portal.
🚨 Importance for Factory Owners, HR Heads, and Compliance Officers
- Avoid legal scrutiny and penalties under the Factories Act, 1948.
- Retain talent by building a gender-inclusive work culture.
- Satisfy ESG & CSR benchmarks related to women workforce welfare.
- Stay ESIC-compliant with GPS and infrastructure norms.
- Align with Occupational Safety, Health & Working Conditions Code (OSH Code) for future-readiness.
- 🧠 Expert Commentary
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“This move is a great blend of women empowerment and industrial development. However, the responsibility on occupiers is significant. Factories must proactively ensure safety and welfare or risk serious legal consequences.”
— Compliance Head, Prakash Consultancy Services
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