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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Meera Textiles in Coimbatore wants to employ a woman machine operator, Kavita, on a shift that starts at 5 a.m. Kavita has not given any consent. Under Section 43 of the OSH Code, 2020, what is the correct position?

Women may be employed before 6 a.m. or beyond 7 p.m. only with their consent, and subject to safety, holiday and working-hour conditions prescribed by the appropriate Government. Without Kavita's consent, the 5 a.m. shift cannot lawfully be assigned to her.

  1. AWomen may be employed before 6 a.m. only with their consent, subject to conditions prescribed by the appropriate GovernmentCorrect
  2. BWomen cannot be employed before 6 a.m. under any circumstances
  3. CWomen may be employed before 6 a.m. at the employer's discretion without consent
  4. DWomen may be employed before 6 a.m. only if the employer pays double wages, with no consent needed

Explanation

Section 43 allows women to be employed before 6 a.m. and beyond 7 p.m. with their consent, subject to conditions on safety, holidays and working hours prescribed by the appropriate Government. Since Kavita has not consented, she cannot be placed on the 5 a.m. shift. An absolute bar or an employer-discretion rule is not what the section says.

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