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Section 43: Employment of women in all establishments

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

Statutory Mandate
Chapter VIII: Special Provisions for Women Employment
Competent Labour Forum
Act No. 37 of 2020
Section 42 All 143 Sections of OSH Code, 2020 Section 44

Legal Commentary & Landmark Judgments: Section 43

Section 43 of the OSH Code permits the employment of women in night shifts (between 7:00 PM and 6:00 AM) across all establishments, conditioned upon their express consent and mandatory employer safeguards regarding safety, transportation, and amenities.

  • Core Legal Standard: Section 43 is a landmark reform establishing full economic freedom for women in the workforce.
  • Sub-Section (1) Provision: Under sub-section (1), women shall be entitled to be employed in all establishments for all types of work and they may also, with their consent, be employed before 6:00 AM and beyond 7:00 PM.

Crucially, this is subject to mandatory statutory conditions imposed on the employer: the employer must guarantee adequate safety measures, suitable working conditions, crèche facilities, clean restrooms, and mandatory, monitored transportation from the workplace to the doorstep of the employee's residence.

Key Landmark Precedents:
  • R. Vasantha v. Union of India (2001) 1 LLJ 843 (Mad): The Madras High Court struck down Section 66(1)(b) of the Factories Act (which banned women from night shifts) as unconstitutional under Articles 14, 15, and 19(1)(g), holding that women cannot be denied employment opportunities under the guise of protection; rather, the state must compel employers to provide safe working environments.
  • Smt. Bharati S. Pramod v. State of Maharashtra (2007) SCC OnLine Bom 886: The Bombay High Court held that women have an equal right to work during night hours, provided employers comply with mandatory security and transportation guidelines.
Legal Commentary:

Section 43 abolished archaic colonial-era bans that prohibited women from working in factories and offices at night. Today, in 24/7 IT, BPO, healthcare, and manufacturing sectors, women can work night shifts provided the employer guarantees GPS-tracked door-to-door cab transport and security.

Section 42 All 143 Sections of OSH Code, 2020 Section 44