5-star hotels flout timing rule for women

In a shocking revelation, sources in the state labour department have told DNA that many five-star hotels in the city are grossly violating the norms set for the timings of women employees.

According to officials, as many as 80% five-star hotels ask their female staff to work beyond 9.30pm without taking any exemption, which is mandatory by the law.

The Bombay Shop and Establishment Act, 1948 states that women employees are not allowed to work in offices beyond 9.30pm. However, if the organisation wants them to, they have to apply for special exemptions.

“Though some of the big five-star hotels do comply with the rules and apply for exemptions on a regular basis, their number is very small. As many as 80% hotels in Mumbai do not have any such permissions and continue to make women employees work beyond the specified limit,” said a senior state government official.

When asked whether this was a rampant practice, deputy labour commissioner VS Tejale declined to comment directly. “The implementation of the shop and establishment act in Mumbai is the responsibility of the Brihanmumbai Municipal Corporation (BMC). There is a provision for exemption and the BMC also has the responsibility to check whether such exemptions are renewed by hotels or other establishments. However, in the rest of the state, our labour officers do keep a watch on such activity,” he said.

However, Vasant Gosavi, chief inspector of the shop and establishment department of the BMC said that though there was a possibility of such hotels violating state norms about the time limit, his inspectors were on a lookout for such violations. “However, the final powers to act upon the violations are with the state labour department, as we hand over all the relevant papers to them. In January, I had a meeting with my inspectors and they have been asked to find out the loopholes, such as time violations. I am expecting a report shortly,” said Gosavi.

Meanwhile, labour secretary Kaveeta Gupta said that though there are possibilities of rampant violations, checking of the exemptions by the state is an ongoing process. “If people find such violations or any women employees have certain grievances related to timings, they should approach the government,” said Gupta.

According to top officials from the labour ministry, there has been a public interest litigation in this regard in the Bombay high court and the court had directed state to come up with certain recommendations.

“The recommendations, which the government plans to present before the court, include penalising the employer or making him liable in case of any violations, not just of sexual harassment but also of following the timings for women employees,” said an official, requesting anonymity.