Section 32: Annual leave with wages

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VI: Hours of Work and Annual Leave with Wages
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 32

Section 32 of the OSH Code regulates the employment of women in dangerous operations, requiring employers to institute mandatory safety and health safeguards before engaging women in hazardous manufacturing processes.

  • Core Legal Standard: Section 32 balances workplace gender equality with occupational safety.
  • Operational Mechanism: It provides that where the Appropriate Government is of opinion that any manufacturing process or operation in an establishment exposes persons employed in it to serious risk of bodily injury, poisoning, or disease, it may make rules prohibiting or restricting the employment of women in such operations.

However, modern statutory policy under the Code shifts from blanket paternalistic prohibitions to mandatory protective infrastructure: where women are employed in hazardous operations, the employer must provide specialized personal protective equipment (PPE), health screening, automated handling systems, and ergonomic accommodations.

Key Landmark Precedents:
  • Air India v. Nergesh Meerza (1981) 4 SCC 335: The Supreme Court held that statutory regulations concerning female employment must be based on reasonable classification and genuine occupational requirements, without reflecting outdated patriarchal biases.
Legal Commentary:

Section 32 operates in tandem with Section 43 (night shift safeguards), ensuring that women can access high-paying technical and manufacturing roles without compromising on workplace safety or health protections.