Conditions for employing women during the night shift and to operate 24/7 – Delhi

The Government of Delhi vide notification No- F.No.28/Addl.LC/Exemp./S&E, Act/2021/2438, dated 7th August 2025 has amended the Schedule- I (which speaks about exemption from certain provisions) of the Delhi Shops and Establishments Act, 1954, thereby permitted all the Establishments in the state, except liquor shops, to operate 24/7 and to employ woman during night shift, and shops to operate 24/7 subject to below conditions:

1. Establishments intending to avail the exemption, shall furnish to the concerned labour department, details of the establishment like registration number, name of the establishment, details of occupier/employer such as name, contact number and email ID, address of establishment, nature of business, number of employees (men and women) along with an undertaking that the establishment shall follow all the conditions stipulated in the notification.

2. No employee shall be employed or allowed to work for more than nine hours (including meal and rest) on any day and for not more than forty-eight hours a week. Further, no employee shall be allowed to work for more than five hours at a stretch. Overtime wages shall be paid to eligible employees at double the normal rate as provided under section 8 of the Act. The daily hours, weekly hours, spread over, over time, and interval for rest shall be subject to notification from time to time.

3. Shift working, if any, shall be in such a way that no employee is forced to work only on the night shift.

4. The employer shall make suitable arrangements regarding the safety, security, and transportation of all the employees who have been asked to work overtime or in shifts beyond the normal working hours as prescribed in the Act. Further, the employer shall install CCTV for videography of the establishment, preserve it for not less than one month, and submit it on demand from the chief inspector of shops.

5. Employee working on national holidays shall be given compensatory leave in lieu thereof, and double the rate of wages as overtime.

6. Weekly off day will be allowed to employees in rotation.

7. The employer shall ensure that the workers are provided with all the legal benefits under various labour laws, such as Minimum Wages, EPF, ESI, Bonuses, and Leave facilities, and the same shall be put on the shop/establishment’s website.

8. Payment of wages of the employees shall be made by cheque/electronic clearing service.

9. The employees shall be provided with a washroom, safety lockers and other basic amenities.

10. Every employer employing women employees shall constitute an Internal Committee under the POSH Act, 2013, and the said committee shall be operative.

11. Written consent of the woman shall be obtained before employing them during the night shift.

It is also stated that this grant of exemption shall have no overriding effect on any notification/order/advisory/circular issued by any other authority/department/ government agency, including the police.

Establishments that are availing themselves of this exemption are directed to display a copy of the notification at the employees’ entrance/exit.