Women in Night Shifts Under the OSH Code: Key Conditions and Employer Compliance Requirements

Summary

The Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”) marks a significant shift in the legal framework governing the employment of women during night hours. Section 43 of the OSH Code, which has been in force since November 21, 2025, permits women to be employed in all establishments and for all types of work, including before 6:00 a.m. and beyond 7:00 p.m., with their consent and subject to prescribed conditions relating to safety, holidays, working hours and other requirements.

The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (“Central Rules”), notified on May 8, 2026, prescribe specific safeguards for the employment of women during night hours. These include written consent, safe transportation, adequate lighting, CCTV surveillance in specified areas, emergency contact arrangements, compliance with maternity benefit provisions and compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).

The framework is particularly relevant for employers operating in sectors involving shift-based work, including manufacturing, services, healthcare, hospitality, business process operations and other establishments where night-shift employment is required. Employers must therefore treat the deployment of women employees on night shifts as a matter of ongoing employment law compliance and workplace safety, rather than merely obtaining a one-time consent.

Introduction

For several decades, Indian labour legislation imposed restrictions on the employment of women during night hours. Under the Factories Act, 1948, employment of women in factories during prescribed night hours was subject to restrictions, although the statutory framework also permitted certain exemptions and variations through government permissions and rules. The OSH Code adopts a materially different approach by recognising women’s entitlement to employment in all establishments and for all types of work, while permitting employment before 6:00 a.m. and beyond 7:00 p.m. subject to consent and prescribed safeguards.

Section 43 of the OSH Code provides that women may be employed before 6:00 a.m. and beyond 7:00 p.m. with their consent and subject to conditions prescribed by the appropriate Government. The provision therefore moves the regulatory approach from broad restrictions on night work towards conditional inclusion, with the emphasis shifting to women’s choice, workplace safety and employer compliance.

The Ministry of Labour and Employment has similarly explained that the framework permits women to work night shifts with their consent and with adequate safety, transport and security arrangements, with the objective of promoting gender equality while maintaining workplace safeguards.

What Does the OSH Code Say About Women Working Night Shifts?

Section 43 of the OSH Code establishes the basic statutory framework. It provides that women are entitled to be employed in all establishments for all types of work and may be employed before 6:00 a.m. and beyond 7:00 p.m. with their consent, subject to conditions relating to safety, holidays, working hours and other prescribed requirements.

The detailed requirements are set out in Rule 83 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026. Accordingly, employers intending to deploy women employees on night shifts should ensure compliance with each applicable safeguard before assigning such shifts.

1. Written Consent of the Woman Employee

The employer must obtain the written consent of the woman employee before employing her during night hours or before 6:00 a.m. and beyond 7:00 p.m.

This is an express statutory requirement and should not be treated as implied merely because an employee has accepted an appointment, works in a shift-based organisation or has previously worked night shifts. Employers should maintain appropriate records of such consent as part of their labour law compliance and employment documentation.

2. Compliance with Maternity Benefit Provisions

The Central Rules expressly provide that no woman may be employed in contravention of the maternity benefit provisions under the Code on Social Security, 2020.

Consequently, an employer’s night-shift policy should be read together with applicable maternity-related protections. Night-shift deployment should not become a mechanism for circumventing statutory maternity benefits or protections available to women employees.

3. Safe Transportation to and from the Workplace

Employers must provide adequate transportation facilities for pick-up and drop-off of the woman employee at her residence.

This requirement is particularly relevant for employers operating late-night or round-the-clock shifts. Companies should therefore review their employee transportation policies, vendor arrangements, route monitoring mechanisms and records relating to night-shift transportation as part of their overall workplace safety and employer compliance framework.

4. Adequate Lighting and CCTV Surveillance

Rule 83 requires the workplace, including passages leading to toilets, washrooms and drinking-water facilities, as well as the entry and exit areas used by women employees, to be adequately lit.

The Rule further requires suitable closed-circuit television (CCTV) surveillance along the routes leading to such facilities. Employers should therefore consider whether existing CCTV coverage, lighting arrangements and access-control systems adequately cover areas through which women employees may have to travel during night hours.

5. Safe, Secure and Healthy Working Conditions

Employers must provide safe, secure and healthy working conditions so that no woman employee is disadvantaged in connection with her employment.

This requirement goes beyond physical infrastructure. Employers should consider whether their night-shift policies, security arrangements, access controls, emergency response systems and workplace practices collectively provide an environment in which women employees can work without being exposed to avoidable safety risks.

6. Dedicated Emergency Contact Numbers

The Central Rules require establishments to display dedicated telephone numbers at conspicuous places at the workplace and inside vehicles used for transportation.

These numbers are intended to enable women employees to seek assistance in the event of an emergency or exigency. Employers should ensure that the numbers are prominently displayed, operational and accessible to employees using night-shift transportation.

7. Additional Requirement for Below-Ground Mines

In the case of a below-ground mine, the Central Rules require that not less than three women employees be on duty at any place.

This is a sector-specific safeguard and should be considered alongside the broader statutory and regulatory requirements applicable to mining operations.

8. Compliance with the POSH Act

Rule 83 also requires compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, wherever applicable.

This means that employers should not treat night-shift safety as a standalone transport or security issue. Their night-shift compliance framework should operate alongside their existing POSH compliance framework, including the applicable mechanisms for prevention, prohibition and redressal of sexual harassment at the workplace.

Section 44: Employment of Women in Dangerous Operations

Section 44 of the OSH Code separately deals with the employment of women in dangerous operations. It provides that where the appropriate Government considers employment in a particular establishment, class of establishments or hazardous or dangerous process to be dangerous to women’s health and safety, it may require the employer to provide adequate safeguards before employing women for such operations.

This provision is distinct from the general night-shift framework under Section 43. Employers operating establishments involving hazardous or dangerous processes should therefore assess the specific safeguards prescribed under the applicable rules and notifications before assigning women employees to such operations.

Accordingly, an employer’s OSH Code compliance assessment should consider both the general safeguards applicable to night-shift employment and any additional requirements triggered by the nature of the work or operation.

Rajasthan Rules: Applying the Framework at the State Level

The implementation of the OSH Code also requires employers to consider the rules framed by the appropriate State Government for matters falling within the State’s regulatory domain.

Rajasthan notified the Rajasthan Occupational Safety, Health and Working Conditions Rules, 2026 through S.O. 23 dated June 30, 2026. The Rules were brought into force upon publication and consolidate the regulatory framework governing several areas of occupational safety, health and working conditions in the State.

For employers operating in Rajasthan, the State Rules are relevant to the practical organisation of shifts and working hours. The Rules reaffirm the 48-hour weekly working limit and provide for overtime wages at twice the ordinary rate, with overtime subject to a maximum of 144 hours in a calendar quarter.

These provisions are not specific to women employees. However, they have practical implications for employers designing rotating shifts and night-shift rosters. Employers should therefore consider the applicable working-hour, overtime, weekly-rest and leave requirements while developing shift schedules, in addition to complying with the safeguards specifically applicable to women working at night.

Employer Compliance: Why a Consent Form Alone Is Not Enough

A significant compliance consideration under the new framework is that written consent should not be viewed as the entirety of the employer’s obligation. Rule 83 establishes a set of independent conditions relating to transportation, lighting, CCTV surveillance, emergency communication, safe and healthy working conditions, maternity benefits and POSH compliance.

Accordingly, employers should consider maintaining an integrated night-shift compliance framework that includes:

• written consent from women employees assigned to night shifts;
• records of night-shift rosters and deployment;
• transportation arrangements and relevant vendor records;
• details of emergency contact mechanisms;
• periodic checks of lighting and CCTV coverage;
• workplace security and access-control measures;
• applicable maternity-benefit safeguards;
• POSH policies and statutory compliance records; and
• records demonstrating implementation of applicable health and safety measures.

Such documentation can assist employers in demonstrating that the statutory safeguards were not merely adopted on paper but were incorporated into actual workplace practices.

Growing Relevance for Employers

The regulatory change comes against the backdrop of increasing women’s participation in India’s labour market. According to the Annual PLFS Report 2025, the female Labour Force Participation Rate (LFPR) for persons aged 15 years and above was 40.0% at the all-India level, compared with 33.9% in 2022. The female LFPR was 45.9% in rural areas and 27.7% in urban areas in 2025.

The Annual PLFS Report also estimated that an average of 20.0 crore women were employed in usual status employment during January–December 2025, out of 61.6 crore employed persons aged 15 years and above.nThere has also been a shift in the composition of women’s employment. The proportion of women workers in regular wage or salaried employment increased from 16.6% in 2024 to 18.2% in 2025, while the share of women in self-employment declined from 66.5% to 64.2%.

As women’s participation in organised and salaried employment expands, the ability to access roles requiring rotational and night-shift work becomes increasingly relevant. For employers, the legal framework therefore presents both an opportunity to expand workforce participation and a corresponding need to strengthen employment law compliance, workplace safety and labour law advisory processes.

Conclusion

The OSH Code represents a significant shift in India’s approach to the employment of women during night hours. Rather than imposing a broad prohibition, Section 43 permits women to work before 6:00 a.m. and beyond 7:00 p.m. with their consent, subject to prescribed safeguards.

The Central Rules translate this principle into concrete employer obligations, including written consent, safe transportation, adequate lighting, CCTV surveillance, emergency contact arrangements, maternity-benefit compliance, safe and healthy working conditions and compliance with the POSH Act.

For employers, the key takeaway is that night-shift employment of women is not simply a matter of obtaining consent. It requires an integrated compliance framework covering workplace safety, transportation, working hours, maternity benefits, POSH obligations and applicable State-specific requirements.

Employers should accordingly review their existing night-shift policies, employee handbooks, transportation arrangements, workplace safety protocols and statutory records to ensure that their practices are aligned with the OSH Code and the applicable rules. For organisations with substantial shift-based workforces, periodic labour law compliance reviews and employment law advisory can help identify gaps before they develop into regulatory or employee-relations risks.

Frequently Asked Questions

Last Updated on 9 October, 2026