Sections 43 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.
Section 43 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says women are entitled to be employed in all establishments for all types of work, including before 6 a.m. and beyond 7 p.m. with their consent, on prescribed conditions. Section 44 lets the appropriate Government require safeguards before women are employed in dangerous operations.
Women are entitled to be employed in all establishments for all types of work under the Code. They may also be employed before 6 a.m. and beyond 7 p.m. with their consent, subject to conditions on safety, holidays, working hours and any other condition prescribed (section 43). Where the Government considers employment of women dangerous to their health and safety in an establishment, class of establishments or a hazardous process, it may require the employer to provide adequate safeguards before women are employed in that operation (section 44).
Section 43 and section 44 at a glance
| Section | What it says | Condition |
|---|---|---|
| 43 | Women entitled to be employed in all establishments for all types of work under the Code | No work is closed to women under the Code as a class |
| 43 | May be employed before 6 a.m. and beyond 7 p.m. | With their consent, and subject to prescribed conditions on safety, holidays, working hours and other matters |
| 44 | Where employment is considered dangerous to health and safety in an establishment, class of establishments or a hazardous or dangerous process | The Government may, in the prescribed manner, require adequate safeguards prior to employment of women for the operation |
Employers who run evening, night or early-morning shifts with women employees can check their arrangements against these conditions through our employment and labour law advisory service.
What section 43 changes and what it leaves to rules
The section sets a default of equal access to work. The restrictions are not in the Code text; there is no list of barred work in section 43. What the Code does is give the conditions for early-morning and evening work to the appropriate Government to prescribe, and make consent a condition in the text itself. Note that the section says "before 6 a.m. and beyond 7 p.m."; the Central Rules also speak of "night".
Section 44: dangerous operations
Section 44 is about prior safeguards, not a ban. If the Government considers employment of women dangerous to their health and safety due to the operation carried out, it may, in the prescribed manner, require the employer to provide adequate safeguards before employing women for that operation. The hazardous processes in the First Schedule are the natural starting point; see our article on the First Schedule.
What the Central Rules, 2026 prescribe
Where the Central Government is the appropriate Government, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) apply. Where a State is the appropriate Government, use the State's rules.
Rule 83: conditions for work at night or before 6 a.m. and beyond 7 p.m.
| Clause | Condition |
|---|---|
| (a) | Written consent of the woman employee |
| (b) | No woman is employed against the maternity benefit provisions of the Code on Social Security, 2020 |
| (c) | Adequate transportation to pick up and drop the employee at her residence |
| (d) | Workplace, and 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 is disadvantaged in connection with employment |
| (f) | Dedicated telephone numbers of the establishment displayed at conspicuous places at the establishment and inside the vehicles |
| (g) | In a below-ground mine, not less than three women on duty at any place |
| (h) | Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as applicable |
Rule 84: dangerous operations
Rule 84 says 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. The rule itself does not list the standard; look for the notification.
See our articles on Rules 83 and 84, and on the old-law position in employment of women in factories, night shifts and restrictions.
Practical points
- Get consent in writing. Rule 83(a) asks for written consent for each woman employee before evening, night or early-morning work.
- Transport. Provide pick-up and drop at her residence, and show the contact numbers inside the vehicles.
- Facilities and lighting. Walk the route from entry to desk to toilet and water point and fix dark or unobserved stretches; CCTV on the way to these facilities is part of the rule.
- Maternity. Check that the rostering does not conflict with maternity benefit; see our note on maternity benefit under the new labour codes.
- POSH. Keep the Internal Committee and policy in place, as Rule 83(h) requires compliance with the 2013 Act where it applies.
- Welfare facilities. The general welfare duties are in section 24.
- Hazardous processes. Check any notification under Rule 84 before assigning women to a First Schedule process, and provide the safeguards first.
Example. A call centre with an evening shift ending at 10 p.m. asks women employees who wish to work it to sign a consent. It provides cab pick-up and drop, displays its helpline numbers at the office and in each cab, has CCTV on the route to the washrooms and pantry, and keeps its Internal Committee for the 2013 Act in place. All of this matches Rule 83.
Need help with women's employment rules?
Evening and night rosters need paperwork, transport, facilities and a clear record of consent. Our employment and labour law advisory team can review your shift policy, consent format and facilities against section 43 and Rule 83, and check whether a section 44 requirement applies to you.
Key takeaways
- Women are entitled to be employed in all establishments for all types of work (section 43).
- Work before 6 a.m. and beyond 7 p.m. is allowed with consent, on prescribed conditions.
- Section 44: safeguards before employment of women in dangerous operations, in the prescribed manner.
- Rule 83: written consent, transport, lighting, CCTV, helplines, POSH compliance, three women in below-ground mines.
- Rule 84: standards for hazardous processes to be notified.
Read next
- Section 42: medical officers
- Section 45: applicability of contract labour provisions
- Rules 83 and 84: employment of women and dangerous operations
- Employment of women in factories: night shifts and restrictions
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.