The law relating to the employment of female workers in night shifts in Sri Lanka has become an important topic of discussion over the past few years, as many businesses are striving toward gender equality in numbers in the work force. However, female labour force participation though improved, has remained fairly low, despite labour laws in Sri Lanka undergoing many rapid changes to accommodate concerns relating thereto.
Whilst women working in night shifts have to face practical difficulties such as maintaining work-life balance, safety issues, transport issues and even issues such as social-cultural norms, Sri Lanka has commendably sought to address these issues through several legislative enactments, thus bringing us one step closer to rectifying these practical difficulties.
Whilst legislation relating to the employment of women in night shifts in Sri Lanka is embodied under several Acts, two significant Acts which merit consideration are The Shop & Office Employees (Regulation of Employment and Remuneration) Act, No. 19 of 1954 (as amended) and the Employment of Women, Young Persons and Children Act, No. 47 of 1956 (as amended).
The Shop & Office Employees (Regulation of Employment and Remuneration) Act, No. 19 of 1954 (as amended) expressly provides females working in night shifts.
Section 10(2)(iii) of the Shop and Office Act provides that any female who has attained the age of eighteen years may be employed in or about the business of a shop or office for the period, or for any part or the period, until 8p.m.
The Employment of Women, Young Persons and Children Act, No. 47 of 1956 (as amended), provides further protection for women working in night shifts.
“Woman” and “Night” in the said Act are defined as the following:-
Section 2A(2) of this Act provides for conditions under which a woman can be employed in a night shift. The conditions are as follows:-
(a) no woman shall be compelled to work at night against her will;
(b) that written sanction of the commissioner of Labour should be obtained by every employer, prior to the employment by him of women to work after 10 p.m. at night;
(c) no woman who has been employed during the hours of 6 a.m. and 6 p.m. shall be employed after 10 p.m. on any day;
(d) every woman who works at night shall be entitled to not less than one and a half times the normal payment
received by her;
(e) female wardens should be appointed to see to the welfare of woman workers who work at night;
(f) every woman worker working at night shall be provided with restrooms and refreshments by the employer;
(g) no woman shall be employed for more than ten days on night work, during any one month.
It is pertinent to note that in the event this Act is in conflict with any other written law, the Act will prevail.
However, certain categories of women are excluded under section 2B above where the employer does not have to obtain the written sanction of the Commissioner- General of Labour to employ them after 10pm. These categories include women holding responsible positions of a managerial or technical character, women employed in health and welfare services who are not ordinarily engaged in manual work and women in an industrial undertaking in which only members of the same family are employed.
As the interpretation of the word “managerial” under section 2B(a) remains ambiguous and the definition of the word “Industrial Undertaking” under the Employment of Women Act is exhaustive, the wide scope of these terms may, arguably, restrict the ability of female employees to counter any infringement of their rights under this Act
It is evident from the above that while laudable statutory measures are in place in Sri Lanka to advance the active participation of female employees in the work force, more stringent legislation should be forthcoming to prevent any ambiguities in the law and prevent unscrupulous employers from finding loopholes to stymie the rights granted to such employees.
Patali Thirimanne