The Rajasthan Labour Department has issued a significant notification, published as an extraordinary issue in the Rajasthan Gazette on July 8, 2025. This allows registered shops and commercial establishments to employ women during night hours. This exemption, granted under sub-section (2) of Section 3 of the Rajasthan Shops and Commercial Establishments Act, 1958, became effective from July 8, 2025, the date of its publication.
Employers wishing to utilize this exemption must obtain the explicit consent of women employees before engaging them in night work. Furthermore, all women employees must be issued appointment letters and identity cards with their photographs.
A crucial aspect of this notification is the employer's responsibility for the complete safety of women employees working at night. This includes providing secure transportation for them to commute from their homes to the workplace and back during night hours.
Workplace facilities are also mandated, with establishments required to provide separate rest rooms and lockers for women employees to store their belongings. Additionally, the notification includes vital maternity protection: pregnant women are exempt from night duty and cannot be called for night work for a period of three months prior to their probable delivery date and for three months after childbirth.
Employers are also required to implement measures to prevent any acts or incidents of potential sexual harassment within the workplace. The notification clearly states that any violation of these stipulated conditions by a shop or commercial establishment will lead to the automatic termination of the granted exemption. In such cases, the employer will be held solely responsible for any legal action under the relevant sections of the Act and other applicable laws.
The notification has been issued by the order of the Governor and signed by Dharampal Singh, Additional Labour Commissioner and Ex-officio Joint Secretary, Rajasthan, aims to provide greater flexibility to commercial establishments while prioritizing the safety and welfare of women in the workforce.
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