Can an employer in India ask a woman to work at night? Under the OSH Code, women night shift work is allowed in every establishment, but only with the woman’s consent and with safeguards in place. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) came into force on 21 November 2025. This guide explains the rules on women working night shifts in India for employers, HR teams, working women and law students.
Background: From Ban to Consent
For decades, Section 66 of the Factories Act, 1948 barred employing women in factories outside 6 am to 7 pm, unless the State granted exemptions. State shops and establishments laws set their own rules. The OSH Code consolidates 13 central laws and repeals the Factories Act under Section 143. The shift fits the equality guarantees in Articles 14, 15 and 16 of the Constitution and the right to livelihood under Article 21.
Key Provision: Section 43 of the OSH Code
Section 43 says women are entitled to be employed in all establishments for all types of work. They may work before 6 am and beyond 7 pm only with their consent, and subject to conditions on safety, holidays and working hours. These conditions are set by the “appropriate government”, meaning the Centre or the State, depending on the establishment.
Night Shift Safety for Women Employees: What Employers Must Do
- Consent: A night shift cannot be imposed. Employers should record consent in writing, because the Code does not say how or when it is given or withdrawn.
- Safety at work: Provide measures the appropriate government prescribes, such as lighting, security and a safe route to the workplace.
- Transport: Many state notifications require transport between the workplace and the woman’s residence.
- Harassment protection: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) requires an Internal Committee in establishments with 10 or more employees.
- Maternity rights: The Code on Social Security, 2020 protects maternity benefit, and women cannot be employed in violation of it.
- Equal terms: Overtime and wage rights remain under the Code on Wages, 2019 and the OSH Code.
Old Law vs OSH Code
| Aspect | Earlier law (Factories Act, 1948) | OSH Code, 2020 |
|---|---|---|
| Night work in factories | Barred, unless exempted | Allowed with consent |
| Coverage | Mainly factories | All establishments |
| Consent | Not required | Required |
| Safeguards | Set through exemptions | Prescribed by the appropriate government |
| Approach | Protection by restriction | Participation with safeguards |
How It Works in Practice
Employer plans night roster
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Seeks woman’s consent (in writing)
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Checks safeguards: safety, transport, Internal Committee
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Woman assigned to night shift
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Complaint route open if conditions are not met
Penalties and Remedies
Breaching the Code or its rules is punishable under its offences and penalties provisions, which carry fines and higher penalties for repeat offences. Check the Code for the exact section and amount. A woman can complain to the Inspector-cum-Facilitator (the officer who inspects and guides compliance), to the State labour department, or to the Internal Committee for harassment. The High Courts can also be approached under Article 226 for enforcement of rights.
Recent Developments
The Central Rules, including the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, were notified on 8 May 2026. Some States, such as Puducherry in December 2025, have notified night work conditions under Section 43. Because State rules differ, employers must check the rules for their own State.
For a deeper understanding, you can refer to these resource:
