Rules 83 and 84 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 83 sets the conditions an employer must meet to employ women during the night or before 6.00 a.m. and beyond 7.00 p.m. Rule 84 lets the Central Government notify the classes of establishments and the standard for safeguarding women in the hazardous processes listed in the First Schedule to the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code).
Rule 83 lists eight conditions for women working at night or before 6.00 a.m. and beyond 7.00 p.m.: written consent, no breach of maternity benefit provisions, transport from and to residence, a well-lit workplace with nearby toilets, washrooms and drinking water and CCTV on the way, safe working conditions, displayed dedicated telephone numbers, at least three women on duty in a below ground mine, and compliance with the Sexual Harassment of Women at Workplace Act, 2013. Rule 84 leaves the safeguarding standard for hazardous processes to a Central Government notification.
The Code provisions behind the rules
Section 43 of the OSH Code says women are entitled to be employed in all establishments for all types of work under the Code, and may also be employed, with their consent, before 6 a.m. and beyond 7 p.m., subject to conditions relating to safety, holidays and working hours or any other condition the appropriate Government prescribes. Section 44 says that where the appropriate Government considers employment of women dangerous to their health and safety in an establishment, a class of establishments or a particular hazardous or dangerous process, it may, in the prescribed manner, require the employer to provide adequate safeguards before women are employed for that operation. See our sections 43 and 44 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules set the conditions. For a plan that covers several sites, our employment and labour law advisory team can help work out which regime applies to each.
Rule 83: conditions for night and early or late hours
Rule 83 applies to employment of women "during night or before 6.00 a.m. and beyond 7.00 p.m. in any day". Each condition below must be met.
| Clause | Condition |
|---|---|
| (a) | Written consent of the woman employee |
| (b) | No woman employed against the maternity benefit provisions of the Code on Social Security, 2020 (36 of 2020) |
| (c) | Adequate transportation to pick up and drop the employee at her residence |
| (d) | Workplace, and the passage to toilets, washrooms, drinking water and entry and exit, well-lit; toilets, washrooms and drinking facilities near the workplace; suitable closed-circuit television surveillance on the way to these facilities |
| (e) | Safe, secure and healthy working conditions so that no woman employee is disadvantaged in connection with her employment |
| (f) | Dedicated telephone numbers of the establishment displayed at conspicuous places, in the establishment and inside the vehicles, for use in an exigency or emergency |
| (g) | In a below ground mine, not less than three women employees on duty at any place |
| (h) | Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as applicable to the establishment |
How to read the conditions
- Consent must be in writing (clause (a)). Section 43 speaks of consent; the Rules require it in writing. Keep a signed consent on each employee's file.
- Maternity (clause (b)). The text bars employment "against" the maternity benefit provisions of the Code on Social Security, 2020. It does not repeat those provisions; check them directly for the period of protection.
- Transport (clause (c)). The rule requires "adequate transportation facilities" to pick up and drop the employee at her residence. It does not say who pays, set a distance, or require the employer to own the vehicle. The text is silent on these points.
- Facilities and CCTV (clause (d)). The CCTV requirement is on the way to the toilet, washroom and drinking facilities. The rule does not say how long footage must be retained; do not assume a period.
- Telephone numbers (clause (f)). The numbers must be displayed both at the establishment and inside the vehicles.
- Below ground mines (clause (g)). At least three women must be on duty at any place. A single woman on a below-ground shift at a location fails this clause.
- Sexual harassment law (clause (h)). Compliance with the 2013 Act is made a condition of night and early or late employment. That Act's internal committee and related duties continue as written there.
The rule does not itself define "night". The wording is "during night or before 6.00 a.m. and beyond 7.00 p.m."; if your operations run close to these boundaries, take advice rather than assume.
The rule does not set a separate penalty for breaching a condition. Consequences flow from the Code's penalty provisions for contravening the Code and rules; see our section 94 explainer.
Rule 84: dangerous operations
Rule 84 has one sentence. The Central Government "may declare from time to time by notification, the class of establishments and the standard for safeguarding of women employed in hazardous processes as specified in the First Schedule to the Code".
| Point | Reading |
|---|---|
| What the rule does | Empowers a Central Government notification |
| What it covers | Classes of establishments and the standard of safeguards, for hazardous processes in the First Schedule |
| What the Code adds | Section 44: safeguards before women are employed in dangerous operations |
| What the rule does not say | The list of classes, the standard, any timeline |
Until a notification applies to your establishment, rule 84 gives no standard of its own. Keep an eye on notifications if you run a First Schedule process.
Practical examples
Example 1. A packaging unit wants a women's shift ending at 9 p.m. It takes written consent from each woman, arranges door-to-door cab transport, puts the helpline number on the vehicle and the notice board, and checks the washroom corridor is lit and covered by cameras.
Example 2. A below-ground mine proposes a night crew with two women at a work location. Rule 83(g) requires not less than three at any place, so the roster must change.
Example 3. A chemical unit running a process listed in the First Schedule hears about a notification under rule 84. It checks whether its class is covered and what the standard requires before posting women on that process.
Compliance checklist
- Written consent on file for every woman working before 6.00 a.m. or after 7.00 p.m.
- Transport plan and vehicle helpline display.
- Lighting and CCTV audit of the route to toilets, washrooms and drinking water.
- Roster check for below-ground mine locations.
- Internal committee in place under the 2013 Act where applicable.
- Track notifications under rule 84.
Need help with women's employment conditions?
Getting transport, facilities, consent and rosters right across sites is mostly a documentation and planning exercise. Our team can review your arrangements against rule 83 and any State rules that apply. Start with our employment and labour law advisory service.
Key takeaways
- Rule 83 sets eight conditions for employing women at night or before 6.00 a.m. and beyond 7.00 p.m.
- Consent must be in writing, and transport, lighting, CCTV and displayed telephone numbers are required.
- Below ground mines need not less than three women on duty at any place.
- Compliance with the 2013 sexual harassment law is a condition.
- Rule 84 leaves the standard for hazardous processes to a Central Government notification.
- State rules apply where the State is the appropriate Government.
Read next
- Sections 43 and 44 of the OSH Code: employment of women and adequate safety
- Rules 81 and 82: appointment and duties of medical officer
- Employment of women in factories: night shifts and restrictions
- Rules 85 and 86: qualification of contractor and conditions of licence
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.