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LabourOSHWC CodeSections › Section 43
OSHWC Code · Chapter X

Section 43 — Employment of women

Detailed statutory control map with Central Rule, form, authority, evidence and State-jurisdiction checks.

Legal status: In force from 21 November 2025, subject to provision-specific notifications, Central/State jurisdiction and saved actions under section 143.

Statutory identity

Chapter

X — Employment of women

Part

General chapter provision

Provision owner

Women’s employment and safety control

Applicable rules

Rule 83

Forms

No direct prescribed form identified

Last source review

2026-07-17

Provision-by-provision analytical map

This page does not replace the statutory text. It separates the operative legal transaction into controls so that each subsection, proviso, exception and delegated instrument can be checked against the official India Code source before use.

  1. Control 1. Do not use sex-based exclusion unless a valid dangerous-operation restriction or risk-based legal condition applies.
  2. Control 2. For work before 6 a.m. or after 7 p.m., obtain consent and satisfy prescribed transport, security, supervision, welfare and grievance conditions.
  3. Control 3. Complete task-specific risk assessment, emergency response and harassment-prevention integration.
  4. Control 4. Ensure equal access to facilities, training, protective equipment and reporting channels.
  5. Control 5. Review pregnancy, maternity and medical restrictions under the Social Security Code without discriminatory assumptions.

Actor, trigger and jurisdiction

Primary actor

Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 43.

Trigger

The facts engage “Employment of women”. Coverage, sector and appropriate-Government analysis must be recorded before action.

Central/State split

The 2026 Central Rules apply where the Central Government is the appropriate Government. State rules and notifications must be checked separately.

Technical overlay

Applicable standards, mine/dock regulations, Schedule limits and authority orders may add more specific requirements.

Linked Central Rules and forms

Implementation workflow

  1. Coverage memo: identify establishment, sector, headcount, worker status, location and appropriate Government.
  2. Legal decomposition: mark each subsection, proviso, explanation, exception and delegated power in the official text.
  3. Control design: assign a process owner, system trigger, time limit, reviewer and escalation path.
  4. Evidence: preserve the source transaction, decision, communication and acknowledgement.
  5. Freshness check: verify later Gazette notifications, authority appointments, State rules and technical orders.

Evidence checklist

Non-compliance and remedy

Consent alone does not cure unsafe deployment; the employer must satisfy every prescribed safeguard.

Read sections 94–114 for the offence, adjudication, prosecution, composition and court route. A continuing unsafe condition should be corrected immediately; retrospective records must never be fabricated.

Worked control example

A unit proposes a night shift for women employees. It records consent, verifies transport, security, supervisor coverage, welfare and grievance safeguards, performs a task-specific risk assessment and keeps the roster available for inspection.

Practical questions

Is the Central Rule automatically applicable to every establishment?

No. Determine the appropriate Government and sector. State rules may govern establishments outside the Central sphere.

Does a policy prove compliance?

No. Transaction evidence, prescribed records, competent appointments, measurements and acknowledgements are ordinarily required.

What should be checked before relying on this page?

Read the exact India Code section, mapped Rule, Schedule, authority notification and any later Central or State instrument.

Official sources