Lok Sabha Question No. 218 (STARRED), answered on 2016-08-01
Subject: Safety/Security of Workers in Night Shifts
Ministry: LABOUR AND EMPLOYMENT
Asked by: BRIJBHUSHAN SHARAN SINGH

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA STARRED QUESTION NO. 218

## TO BE ANSWERED ON 01.08.2016

## SAFETY/SECURITY OF WORKERS IN NIGHT SHIFTS

†*218. SHRI BRIJBHUSHAN SHARAN SINGH:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)the details and current status of Model Shops and Establishments (Regulation of Employment and Conditions of Services) Act, 2015;
- (b)whether the Government has permitted 24 hours working for Malls, restaurants and other such workplaces in the country and if so, the details thereof;
- (c)whether adequate steps/necessary precautions have been taken by the Government to ensure law and order after the implementation of the said proposal and if so, the details thereof;
- (d)whether the Government is aware of various challenges especially safety  and  security  of  workers  including  women  working  in  night shifts likely to crop up as a result of the said proposal; and
- (e)if so, the details thereof along with the remedial steps taken/proposed to be taken by the Government in this regard? ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) to (e): A Statement is laid on the Table of the House.

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STATEMENT REFERRED TO IN REPLY TO PARTS (a)  TO  (e)  OF  LOK SABHA  STARRED  QUESTION  NO.  218  FOR  01.08.2016  BY  SHRI BRIJBHUSHAN  SHARAN  SINGH  REGARDING  SAFETY/SECURITY  OF WORKERS IN NIGHT SHIFTS.

- (a): The Government have framed the 'Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill  2016'  and  it  has  been  circulated  to  all  states  for  adopting  the same as it is or modifying their existing State Shops and Establishment Act as per their requirement.
- (b): The Model Bill provides for a shop or an establishment to work  more  than  one  shift  and  on  all  days  in  a  week  subject  to  the condition    that  every  worker  shall  be  allowed  weekly  holiday  of  at least  twenty-four    consecutive  hours  of  rest.    The  Model  Bill  also provides that no adult worker shall be required or allowed to work in a shop or establishment for more than forty-eight hours in any week and nine hours in a day and no worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour.
- (c): The Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill 2016 is a suggestive piece of legislation and the enactment of the Model Bill may be considered by States either by adopting the same or making necessary modification to suit their requirement including provisions for adequate precautions for law and order issues.
- (d) & (e): The Model Bill empowers State Governments to make rules regarding  adequate  measures  to  be  taken  by  the  employer  for  the safety and health of workers.  The Bill provides that no women shall be required  or  allowed  to  work  in  a  shop  or  establishment  except between  6 am  and 9 pm. provided  where the State Government is satisfied that the  provisions of shelter, rest room,  night creche, ladies toilet, adequate protection of their dignity, honour and safety, protection from sexual harassment,  and their  transportation exist, it may, after obtaining the consent of the woman worker, allow women to work between 9p.m. and  6a.m.

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