In today's dynamic economic landscape, the contribution of women in India's workforce is more significant than ever. As more women step into industries like retail, hospitality, IT, and services, the need for robust legal protections is paramount. One such cornerstone of labour regulation is the Shops and Establishments Act, a state-specific law that governs working conditions in commercial establishments.

Though each state has its own version of this Act, several common provisions exist across the board to safeguard the rights and well-being of female employees. Here's a detailed overview of the key protections:

1. Night Shifts Permitted with Safety Measures

In a progressive step, states such as Maharashtra, Karnataka, Tamil Nadu, Haryana, and Delhi have amended their laws to allow women to work night shifts (typically between 7 PM and 6 AM). However, this permission comes with stringent safeguards:

• Employers must provide safe transportation to and from the workplace.
• The workplace must be well-lit and secure.
• Female supervisors or staff members must be present during night shifts.
• The consent of the female employee is often mandatory.

This move is especially vital in industries like BPOs, IT, and healthcare that operate 24/7.

2. Safety for Women Working After Dark

Even when not on official night shifts, many women work late into the evening—particularly in winters when it gets dark earlier. Recognizing the potential risks, several states have enhanced safety mandates:

• Well-lit and secure premises during evening hours.
• Transportation facilities if work hours extend past sunset.
• Priority exit and escort assistance for women working late.
• Employers must explore safe commuting alternatives if public transport is unreliable after dark.

These measures ensure standard shift timings don't compromise women's safety.

3. Working Hours, Breaks, and Weekly Offs

To promote employee wellness, the Act enforces fair scheduling norms:

• Maximum of 9 working hours per day and 48 hours per week.
• Mandatory break after 5 continuous hours of work.
• At least one weekly day off, typically Sunday but adjustable based on the shift structure.

Such provisions aim to prevent overwork and foster work-life balance.

4. Hygiene, Safety & Basic Facilities for Women

Employers are obligated to maintain a clean and safe workplace, especially for female staff:

• Separate restroom facilities for women.
• Access to clean drinking water, ventilation, and proper lighting.
• First-aid kits and fire safety measures are mandatory.

Post-COVID, workplace inspections and compliance checks by labor departments have become more frequent and stringent.

5. Maternity Benefits and Legal Protections

While maternity benefits fall under the Maternity Benefit Act, 1961, shops and establishments covered by the state Acts must comply with its guidelines:

• 26 weeks of paid maternity leave for the first two children.
• Provision for nursing breaks upon resumption of work.
• Job security during and after maternity leave.

Non-compliance can attract heavy fines and legal proceedings.

6. Equal Opportunity and Protection from Discrimination

Though not always detailed in the Shops and Establishments Act, female employees are safeguarded by:

• The Equal Remuneration Act – ensuring equal pay for equal work.
• The Sexual Harassment of Women at Workplace Act, 2013 – requiring internal complaints committees and formal grievance redressal mechanisms.

Together, these laws support fair hiring, promotions, salary parity, and respectful workplace behaviour.

7. Leave Entitlements

Women are entitled to a range of paid leaves under the Act, as per state-specific norms:

• Earned leave, casual leave, and sick leave.
• Festival holidays and public holidays, as notified by state labor departments.

Employers must maintain and transparently display leave policies for easy employees access.

Final Thoughts

As India moves towards a more inclusive and equitable workforce, the evolving provisions under the Shops and Establishments Act play a critical role in protecting female workers. Whether a woman is working night shifts or leaving late in the evening, her safety, dignity, and rights at the workplace must never be compromised.

Both employees and employers must stay informed—compliance isn't just a legal necessity; it's a collective commitment to building empowering and respectful workspaces for women.

The gig economy has become a major source of livelihood for women. Whether offering services through digital platforms, freelancing, or doing app-based delivery and caregiving work, more women are choosing flexible ways to earn.

But what legal protections do these women actually have? Let's break down the rights and protections available to women gig workers under Indian labour and workplace laws.

Legal Recognition Under Labour Law

India officially recognises gig and platform workers under the Code on Social Security, 2020. This law includes gig workers, platform workers, and unorganised sector workers as distinct categories eligible for social security benefits.

Key rights for Gig workers:

• Access to Social Security Schemes: Women gig workers are eligible for schemes related to life insurance, health insurance, maternity benefits, and provident fund contribution.
• Registration rights: Gig workers can register themselves on government portals to avail of these benefits.
• Occupational safety: The Occupational Safety, Health, and Working Conditions Code, 2020, also applies to workers in non-traditional work setups, aiming to ensure safety and dignity in all work environments.

Protection Under the POSH Act, 2013

The Prevention of Sexual Harassment at Workplace Act (POSH), 2013, provides comprehensive protection against sexual harassment for women across all kinds of workplaces.

Who is Covered?

• Temporary workers
• Freelancers
• Part-time workers
• Contractual workers
• Volunteers and gig workers

Rights Under POSH:

• Right to File a Complaint: Women have the right to report any act of sexual harassment to an Internal Committee (IC) if available or to a Local Complaints Committee (LCC) in their district.
• Right to Confidentiality : All complaints are to be handled with strict confidentiality.
• Right to a Fair Hearing: Women are entitled to a fair and impartial inquiry process.

Even if a gig worker is not directly employed by an organisation, she can approach the LCC set up by the district officer under the POSH Act to seek justice.

What Can Women Gig Workers Do?

1. Register with Women's Official Platforms

• Sign up on government portals like the e-shram portal to access benefits under social security schemes.

2. Report Sexual Harassment

• Approach the Local Complaints Committee (LCC) in your district if there is no employer or internal committee.
• Keep records of incidents, witnesses (if any), and communications.

3. Stay Informed

• Read up on your rights under the Social Security Code and POSH Act.
• Take part in orientation sessions or webinars offered by NGOs or legal aid centres.

In Summary.

Indian law acknowledges and protects the rights of women in the gig economy through

• Social security Code, 2020
• POSH Act, 2013
• Safety provisions under the Occupational Health Code

These laws ensure that women, regardless of employment type, have the right to safety, dignity, and social protection at work.

By staying informed and taking proactive steps, women in the gig economy can claim their legal rights and work with confidence.

India's informal sector is a critical part of the economy, employing over 90% of the total workforce. Within this segment, women form a significant proportion—working as domestic helpers, construction workers, street vendors, agricultural labourers, and home-based workers. Yet, despite their immense contribution, they are largely excluded from formal social security protections, leaving them vulnerable to exploitation, harassment, and insecurity.

Here we will explore the social security schemes available for women workers in the informal sector, their linkage to labour laws, the POSH Act, and the Maternity Benefit Act, while also highlighting the challenges and policy gaps.

1. Understanding the Informal Sector

The informal sector comprises workers who are not covered under formal employment contracts and often lack access to legal protections like minimum wages, paid leave, or health benefits. For women, this lack of formal protection becomes even more critical due to

• Unsafe working conditions
• Irregular wages
• Absence of maternity support
• High exposure to sexual harassment

2. Key Social Security Schemes for Women in the Informal Sector

Below are the schemes for women in the Informal Sector:

i. Pradhan Mantri Matru Vandana Yojana (PMMVY)

A centrally sponsored scheme providing maternity benefits of ₹5,000 in three installments to pregnant and lactating women for their first live birth.

• Eligibility: Applies to informal workers not covered under the Maternity Benefit Act.
• Significance: Helps compensate for wage loss during childbirth and child care.

ii. Building and Other Construction Workers' Welfare Board (BOCW)

For women working in construction:

• Benefits include maternity assistance, health insurance, education support for children, and crèche facilities.
• However, awareness and registration are major barriers.

3. Legal Frameworks Supporting Women Informal Workers

i. The Maternity Benefit Act, 1961

While this Act primarily applies to establishments with 10 or more employees, some states have extended certain maternity protections to unorganised sector workers.

• Key Provisions:
  • 26 weeks of paid maternity leave
  • Nursing breaks
  • Prohibition of dismissal during maternity leave

However, its implementation in the informal sector is patchy. For most women in informal employment, schemes like PMMVY serve as an alternative.

ii. POSH Act, 2013 (Prevention of Sexual Harassment at Workplace)

The POSH Act mandates a safe and secure working environment for women. While most unorganised workplaces lack formal internal complaint committees (ICCs), the law requires

• Local Complaints Committees (LCCs) at the district level to address grievances in the unorganised sector.
• Employers' responsibility, including community leaders or self-help group heads in rural areas, to raise awareness.

Challenges:

• Lack of awareness among informal workers about their rights under POSH
• Poor functioning of LCCs
• Social stigma and fear of retaliation

iii. Code on Social Security, 2020

Aims to unify and simplify existing social security laws. It brings the unorganised sector, gig, and platform workers under its purview.

• Proposes welfare schemes funded by government contributions and employer cess.
• Encourages registration of informal workers on the e-Shram portal for access to benefits.

Conclusion

Empowering women in the informal sector with robust social security is not just a welfare measure—it's a constitutional and human rights obligation. Ensuring safe workplaces under POSH, maternity protection under the Maternity Benefit Act, and inclusive coverage under labour laws and welfare schemes will go a long way in enabling dignity, safety, and economic independence for millions of women.

From selling vegetables in the market to running a small tailoring business from home, millions of Indian women are building their livelihoods on their own terms. But being self-employed or a street vendor often comes with daily challenges- harassment, eviction threats, unfair fines, and more.

The good news? The law has your back. Whether you're running a roadside stall, a food cart, or working from home, here's what you need to know about your legal rights and protections.

Who Is a Street Vendor or Self-Employed Woman?

You are covered under the law if you are:

• Selling fruits, vegetables, clothes, or snacks on streets or pavements.
• Running a tea stall or food cart.
• Working as a home-based tailor, beautician, or pickle/papad maker.
• Offering local services like ironing clothes, cobbling, or recycling work.

If you earn money by providing goods or services directly to customers, and you do it independently- you're self-employed, and law protects you.

Your Right to Sell: The Street Vendors Act, 2014

Yes, there's a full law just for street vendors! It's called the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and it says:

• You have the right to sell in public places (markets, footpaths, etc.), as long as it's not restricted zone.
• Evictions without notice are illegal. Authorities must follow a process and give you time.
• You can't be fined or harassed by police or municipal officers of you have a vendor certificate.

Tip: Visit your local municipal office and register yourself to get a Vendor Certificate or ID Card. This gives you legal recognition and protection.

Harassment? You Can Complain

Whether it's local officials, police, or passerby- nobody has the right to threaten, abuse, or remove you without legal cause.

Here's what you can do:

• File a complaint at the local police station.
• Call helpline like 181 (Women's Helpline)
• Reach out to Vendors' Associations or local NGOs for support and guidance.

Protection from Sexual Harassment

Women in public spaces- especially self-employed women and vendors- may face inappropriate comments, touching, or worse. This is not just wrong, it's illegal.

You are protected under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the Posh Act.

Even if you're not in a traditional office, courts have recognized that "the street is your workplace" if you earn a living there.

Here's how you're protected:

• Sexual Harassment- verbal, physical, or visual- is a punishable offence under the POSH Act and the Indian Penal Code (IPC).
• Local Complaints Committees (LCCs) have been set up at the district level to receive complaints from unorganised sector workers like you.

Visit your District Collector's office or call 181 to find out where your LCC is located. NGOs working on women's rights can also help you file a complaint.

You Also Have the Right to Social Security

As a self-employed woman, you're eligible for:

• Health insurance under schemes like Ayushman Bharat
• Old-age pension and maternity benefits, if registered with state social welfare boards