If you are a woman and work in a job that involves night shift, you need to influence your local trade union into accepting that transport "near home" is as good as transport "up to home".
This is what is holding up the much-awaited amendment to the Factories Act 1948. After consultations have dragged on for over two years, trade unions and the government are yet to arrive at a consensus.
The amendments will allow women to work night shifts (7 p m to 6 a m), benefiting not just a large section of the female workforce but also industries like textiles.
However, the Left unions want better facilities and protection for women employees before the Bill, introduced on August 18, 2005, is passed in Parliament.
"Transport facilities" is one of three main areas of friction. The Union cabinet, while approving the amendments two years ago, mentioned "transportation from the factory premises to the nearest point of their residence". Employers also accepted this provision.
But unions have said the term "nearest" is vague. "The facilities have to be specific otherwise there will be scope for deviation. Women workers should be given pooled car services up to their homes. Otherwise, it's not acceptable," said Tapan Sen, national secretary of the Centre for Indian Trade Unions.
Proposals for security measures for female employees working night shifts also fell short of winning the unions' confidence.
The unions have also argued that there cannot be a general lifting of the ban on night shifts. Women can only work where it is essential and that too should be done in consultation with workers and the unions.
Said Union Labour Minister Oscar Fernandes: "We don't want to impose anything. I am trying to take everybody into confidence."
Fernandes, who hopes to pass the Bill in the upcoming winter session of Parliament, added, "We will need a meeting of the parliamentary standing committee on labour to resolve issues."
Fernandes is trying to strike a balance between these demands and market pressure.
"There is a challenge from cheap Chinese goods. The low cost of labour in China allows them this price flexibility. Labour rights protection is essential but if that hampers industry then no one will benefit."
In the recent past, many women's organisations appealed in court seeking amendments to the Act contending that the provisions are gender-biased.
Women already work night shifts in special economic zones, BPOs and call centres but court judgments have permitted employers to have women work night shifts without any special provisions.
Women working in hospitals and agriculture are also exempt from the Factories Act and State Shops and Establishment Acts regarding night shifts.
The hospitality industry, textiles and leather industries in some states are also exempt from such a ban because labour is a concurrent subject and state governments have made their own laws.
