popular copy van rose gold pendant How much it? from loersertydass's blog
Night shifts
MANIMEGALAI, A night conservancy worker of the city Corporation, division 108, has a painful limp. While cleaning the median opposite Palm Grove in the early hours last month she was hit by a two wheeler from behind. Her co workers found an auto and took her to the Royapettah Hospital. "I have to get back to work as I am a daily wage earner," she says. "I am not entitled to medical aid. I have earned no wages for the period I couldn't work. The man who hit me has promised to help."
A young sweeper at division 39 was knocked down by an MTC bus and spent a week at the Government General Hospital. "My husband accompanies me during the night shift leaving three children at home," she cries. "If he is awake all night how can he work in the morning?" At Kilpauk and Villivakkam, two women workers were accosted by scooter riders. One attacker threw the woman to the ground injuring her and a passer by.
As more women joined the work force and more avenues of work opened up for them, the Act began to lose its protective' sheen to reveal a restrictive' tint. Women job seekers wanted to be allowed to work at nights. The Act stood in the way of their promotions and better remuneration. This duel between the demand for night shifts and the ban on it, between the right to work and the restriction on it found echoes in various states in different industries. An engineer from L a chemist in EB and workers in FACT and Cochin Shipping claimed freedom to choose the shift. For EP Zones and their fully export oriented clothing units, night shifts by women became a necessity. Garment factories in MEPZ had the tacit support of labour unions, which asked why rules against all woman night shifts should not be relaxed. Individuals and factory owners filed a case in 1994. The argument was simple: "Don't deny us employment, we have a right to occupation. Just give us safeguards." The case went on from 1994 to 2000.
Labour laws concerning night shifts have been reviewed from time to time. The Labour Commission Report of 1969, review of the status of women in the International Women's Year 1974 and the National Perspective Plan for Women 1988 2000 saw no need to recommend night shifts for women. In 1999, however, the Labour Commission appointed Ravindra Verma to go into the issue and submit recommendations.
The report of the National Commission on Labour 2002 said, "On the question of night work for women, there need copy van cleef & arpels alhambra bracelet not be any restriction if the number of women workers in a shift in an establishment is not less than five and if the management is able to provide satisfactory arrangements for their transport, safety and rest after or before shift hours."
Says advocate Chandru of the Madras High Court, "Law making bodies take their own time for modifications. Still amendment of the Factories Act is under preparation."
"Tamil Nadu is a pioneer in dealing with the issue," says Mr. Chandru. "It covered night employment of women by regulating the opening and closing hours of shops. We had two sets of legislation for traditional unskilled women and qualified skilled women. In between are midwives and employees in hospitals and telephone exchanges. There have been no problems so far."
In an April 24, 2000 GO concerning Labour and Employment, the Governor of Tamil Nadu exempted the Software Industries in the State from the Chapter II provisions of Tamil Nadu Shops and Establishments Act, 1947. Essentially, it meant the rule on opening and closing hours of the shop did not apply to software outfits. They had to maintain a record showing hours of work, including overtime work.
The yes or no question was set to rest in the landmark R. Vasantha vs. Union imitation bracelet van cleef and arpels of India case decided in the High Court of Madras in 2001. The petitioner was a woman worker of a textile mill employing a substantial number of women. She claimed that the Factories Act restricted women from carrying on their lawful employment. She challenged the validity of the particular provision on grounds that it was in violation of the Constitution. Significantly, many of the petitioners were on the management of factories and mills where the FA had been implemented. The judge agreed with the petitioners. He contended that "in the field of employment in a factory as in any other field, the third shift should be thrown open to women and it is for women to decide which shift they would work."
Denying night shift for women amounted to depriving them of chances of fair employment and equal opportunity. It was discrimination on the basis of sex and gender and therefore unconstitutional. The judge also noted that the legislation so far had been based on stereotyped thinking of the role of women in family life. It was an instance of romantic paternalism' by which men wanted to restrict women to household activities so they could retain economic superiority. He declared women were being recruited in the police, army and airforce. Why not in night shifts? Respondents AIDWA (All India Democratic Women's Association) TN, and CITU pleaded for retention of the ban. They were worried about working conditions and safeguards for women employees at night.
Advocate Chandru appearing for the Association argued that the prohibition made in the impugned provision was valid because India was a signatory to the ILO convention prohibiting night shifts. Socio economic standards of Indian women workforce were not suited for night shift. Employers operated mills in rural areas where transport facilities were rare. Safeguards were rarely implemented. Changes, he stated, should be brought about by legislation, not through judiciary. The petitioners conceded one major point. Nalini Chidambaram admitted that by allowing the factories to engage female workers in the night shift without any regulatory rules or enactment would amount to exposing them to unforeseen factors till the legal position got settled.
The removal of prohibition came with guidelines: women employees should be protected from sexual harassment and provided with replica van cleef white gold bracelet appropriate working conditions in respect of work, leisure, health and hygiene. The employer shall provide proper lighting in and around the factory where the female workers may move, security at entry and exit points, all female transportation facility where it is provided, separate canteen facility, at least 12 consecutive hours of rest or gap between shifts, two female wardens and a fortnightly report to the Inspector of Factories about the details of female night shift employees. "There are nearly 500 stay orders on the Factory Act," says Chandru. "Are the guidelines being followed? The Central Government and the states have appealed against the judgment. NGOs are confused and have not taken a clear stand. The judgment has justified business outsourcing. Where does the law stand on all night banking? STD booths? Government employment?"
The Red Flag Association met at the Chennaipuri Andhra Maha Sabha some afternoons ago to discuss the problems of women conservancy workers. The women said without confirmation and statutory benefits, even after three years of work, they are pushed into late hours as it ensures regular income. Day jobs are erratic. They are beset with every problem anticipated by the lawyers in the Vasantha case. "There are no toilet facilities near the streets we clean," they say. "We are not allowed to move away from the broom even for a minute. We sleep in shop fronts. Sometimes our male co workers are a problem. We leave small kids at home at night." We need protection' is the common cry. Coats with reflector strips to avoid being hit is one suggestion.
Lata and Bagwathi, vice presidents of the association, would like to do away with night shifts for conservancy workers. Among other things they are agitating for representation on the grievances committees of all sectors. Women accept this job only because they are daily wage earners. "This is exploitation," says Latha. "Job security first and night shift later. There is no comparison between these workers and those working in offices."
Mythili Sivaraman of AIDWA adds, "I am worried about their security. They are exposed to anti social elements at night. These women do not get rest during the day and have kids to look after. Most have to stand in queues for water. Who will address these issues?"
Meanwhile, hundreds of women in Chennai think nothing of boarding the company van at midnight to their call, medical transcription and other IT enabled services centres for mid night shifts to air conditioned offices, coffee breaks and fat pay checks. And a group of girls preparing for their law exams go through the Factories Act and exclaim: "What nonsense!"
MANIMEGALAI, A night conservancy worker of the city Corporation, division 108, has a painful limp. While cleaning the median opposite Palm Grove in the early hours last month she was hit by a two wheeler from behind. Her co workers found an auto and took her to the Royapettah Hospital. "I have to get back to work as I am a daily wage earner," she says. "I am not entitled to medical aid. I have earned no wages for the period I couldn't work. The man who hit me has promised to help."
A young sweeper at division 39 was knocked down by an MTC bus and spent a week at the Government General Hospital. "My husband accompanies me during the night shift leaving three children at home," she cries. "If he is awake all night how can he work in the morning?" At Kilpauk and Villivakkam, two women workers were accosted by scooter riders. One attacker threw the woman to the ground injuring her and a passer by.
As more women joined the work force and more avenues of work opened up for them, the Act began to lose its protective' sheen to reveal a restrictive' tint. Women job seekers wanted to be allowed to work at nights. The Act stood in the way of their promotions and better remuneration. This duel between the demand for night shifts and the ban on it, between the right to work and the restriction on it found echoes in various states in different industries. An engineer from L a chemist in EB and workers in FACT and Cochin Shipping claimed freedom to choose the shift. For EP Zones and their fully export oriented clothing units, night shifts by women became a necessity. Garment factories in MEPZ had the tacit support of labour unions, which asked why rules against all woman night shifts should not be relaxed. Individuals and factory owners filed a case in 1994. The argument was simple: "Don't deny us employment, we have a right to occupation. Just give us safeguards." The case went on from 1994 to 2000.
Labour laws concerning night shifts have been reviewed from time to time. The Labour Commission Report of 1969, review of the status of women in the International Women's Year 1974 and the National Perspective Plan for Women 1988 2000 saw no need to recommend night shifts for women. In 1999, however, the Labour Commission appointed Ravindra Verma to go into the issue and submit recommendations.
The report of the National Commission on Labour 2002 said, "On the question of night work for women, there need copy van cleef & arpels alhambra bracelet not be any restriction if the number of women workers in a shift in an establishment is not less than five and if the management is able to provide satisfactory arrangements for their transport, safety and rest after or before shift hours."
Says advocate Chandru of the Madras High Court, "Law making bodies take their own time for modifications. Still amendment of the Factories Act is under preparation."
"Tamil Nadu is a pioneer in dealing with the issue," says Mr. Chandru. "It covered night employment of women by regulating the opening and closing hours of shops. We had two sets of legislation for traditional unskilled women and qualified skilled women. In between are midwives and employees in hospitals and telephone exchanges. There have been no problems so far."
In an April 24, 2000 GO concerning Labour and Employment, the Governor of Tamil Nadu exempted the Software Industries in the State from the Chapter II provisions of Tamil Nadu Shops and Establishments Act, 1947. Essentially, it meant the rule on opening and closing hours of the shop did not apply to software outfits. They had to maintain a record showing hours of work, including overtime work.
The yes or no question was set to rest in the landmark R. Vasantha vs. Union imitation bracelet van cleef and arpels of India case decided in the High Court of Madras in 2001. The petitioner was a woman worker of a textile mill employing a substantial number of women. She claimed that the Factories Act restricted women from carrying on their lawful employment. She challenged the validity of the particular provision on grounds that it was in violation of the Constitution. Significantly, many of the petitioners were on the management of factories and mills where the FA had been implemented. The judge agreed with the petitioners. He contended that "in the field of employment in a factory as in any other field, the third shift should be thrown open to women and it is for women to decide which shift they would work."
Denying night shift for women amounted to depriving them of chances of fair employment and equal opportunity. It was discrimination on the basis of sex and gender and therefore unconstitutional. The judge also noted that the legislation so far had been based on stereotyped thinking of the role of women in family life. It was an instance of romantic paternalism' by which men wanted to restrict women to household activities so they could retain economic superiority. He declared women were being recruited in the police, army and airforce. Why not in night shifts? Respondents AIDWA (All India Democratic Women's Association) TN, and CITU pleaded for retention of the ban. They were worried about working conditions and safeguards for women employees at night.
Advocate Chandru appearing for the Association argued that the prohibition made in the impugned provision was valid because India was a signatory to the ILO convention prohibiting night shifts. Socio economic standards of Indian women workforce were not suited for night shift. Employers operated mills in rural areas where transport facilities were rare. Safeguards were rarely implemented. Changes, he stated, should be brought about by legislation, not through judiciary. The petitioners conceded one major point. Nalini Chidambaram admitted that by allowing the factories to engage female workers in the night shift without any regulatory rules or enactment would amount to exposing them to unforeseen factors till the legal position got settled.
The removal of prohibition came with guidelines: women employees should be protected from sexual harassment and provided with replica van cleef white gold bracelet appropriate working conditions in respect of work, leisure, health and hygiene. The employer shall provide proper lighting in and around the factory where the female workers may move, security at entry and exit points, all female transportation facility where it is provided, separate canteen facility, at least 12 consecutive hours of rest or gap between shifts, two female wardens and a fortnightly report to the Inspector of Factories about the details of female night shift employees. "There are nearly 500 stay orders on the Factory Act," says Chandru. "Are the guidelines being followed? The Central Government and the states have appealed against the judgment. NGOs are confused and have not taken a clear stand. The judgment has justified business outsourcing. Where does the law stand on all night banking? STD booths? Government employment?"
The Red Flag Association met at the Chennaipuri Andhra Maha Sabha some afternoons ago to discuss the problems of women conservancy workers. The women said without confirmation and statutory benefits, even after three years of work, they are pushed into late hours as it ensures regular income. Day jobs are erratic. They are beset with every problem anticipated by the lawyers in the Vasantha case. "There are no toilet facilities near the streets we clean," they say. "We are not allowed to move away from the broom even for a minute. We sleep in shop fronts. Sometimes our male co workers are a problem. We leave small kids at home at night." We need protection' is the common cry. Coats with reflector strips to avoid being hit is one suggestion.
Lata and Bagwathi, vice presidents of the association, would like to do away with night shifts for conservancy workers. Among other things they are agitating for representation on the grievances committees of all sectors. Women accept this job only because they are daily wage earners. "This is exploitation," says Latha. "Job security first and night shift later. There is no comparison between these workers and those working in offices."
Mythili Sivaraman of AIDWA adds, "I am worried about their security. They are exposed to anti social elements at night. These women do not get rest during the day and have kids to look after. Most have to stand in queues for water. Who will address these issues?"
Meanwhile, hundreds of women in Chennai think nothing of boarding the company van at midnight to their call, medical transcription and other IT enabled services centres for mid night shifts to air conditioned offices, coffee breaks and fat pay checks. And a group of girls preparing for their law exams go through the Factories Act and exclaim: "What nonsense!"
The Wall