Night Shift Exemption (Night Work Exemption for Women Employees)

In India, Labour Laws & Shops/Establishment Acts regulate working hours, including restrictions on employing women employees at night (usually 7 PM – 6 AM).

However, many businesses (IT, BPOs, Factories, Hospitality, Healthcare, etc.) require Night Shift Exemption from the Labour Department.

Applicability

  • Applicable to factories, IT/ITES companies, shops, BPOs, hospitals, and establishments employing women during night hours.

  • Permission is state-specific under the Shops & Establishments Act or Factories Act.

Conditions for Granting Night Shift Exemption

To get approval, employers must ensure:

  1. Safety Measures

    • Adequate security inside premises & during commutation

    • CCTV surveillance

    • Sufficient female security staff

  2. Transport Facility

    • Free pick-up & drop for women employees working night shifts

    • GPS-enabled company vehicles

  3. Working Conditions

    • Separate restrooms & changing rooms for women

    • Proper lighting in workplace & surrounding areas

    • Women supervisors present during night shifts

  4. Consent & Records

    • Written consent of women employees for working at night

    • Maintenance of duty rosters, attendance, and wage registers

  5. Health & Welfare

    • Regular health check-ups for night shift workers

    • Crèche facility (if 50+ women employees)

Process to Obtain Night Exemption

  1. Application to the Labour Commissioner / Labour Department (state-specific).

  2. Submission of required documents (company profile, employee list, safety plan, consent forms).

  3. Inspection by labour authorities.

  4. Issuance of Night Shift Exemption Order with specific conditions.

  5. Renewal as per state rules (usually yearly).

Documents Required

  • Application letter with justification for night work

  • List of women employees & their consent letters

  • Details of transport & security arrangements

  • Copy of Shops & Establishment / Factory Registration

  • Company HR & Safety Policy

 Penalties for Non-Compliance

  • Heavy fines for employing women at night without permission

  • Cancellation of establishment licence

  • Legal action by Labour Department

Benefits of Night Exemption

  • Enables 24×7 operations (especially IT, BPO, manufacturing, healthcare)

  • Ensures smooth client delivery for global businesses

  • Builds employee confidence with safe & compliant workplace