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Code on Social Security, 2020 · 6

Section 59: Employment of, or work by, women prohibited during certain period

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 59 — Governs employment of, or work by, women prohibited during certain period and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
(3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause…
(4) The period referred to in sub-section (3) shall be— (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.

Provisos, explanations & qualifications

Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.

Thresholds and timelines in the text

Employment of, or work by, women prohibited during certain period.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
(3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or…
(4) The period referred to in sub-section (3) shall be— (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62.

Actors expressly appearing in the text

Employer

Full statutory text — Section 59

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

59. Employment of, or work by, women prohibited during certain period.—(1) No employer shall
knowingly employ a woman in any establishment during the six weeks immediately following the day of
her delivery, miscarriage or medical termination of pregnancy.
    (2) No woman shall work in any establishment during the six weeks immediately following the day of
her delivery, miscarriage or medical termination of pregnancy.
    (3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being
made by her in this behalf, be required by her employer to do, during the period specified in
sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which
in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to
cause her miscarriage or otherwise to adversely affect her health.
    (4) The period referred to in sub-section (3) shall be—
       (a) the period of one month immediately preceding the period of six weeks, before the date of her
    expected delivery;
        (b) any period during the said period of six weeks for which the pregnant woman does not avail of
    leave of absence under section 62.
    Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean
any work which involve or require strenuous effort or is difficult and tiring in nature.

How to apply this provision

Primary statutory test — (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
Additional operative limb — (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
Qualification / exception to test — Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.
Numerical or timing control — Employment of, or work by, women prohibited during certain period.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.
Evidence file — retain facts and records proving the role/status of: Employer.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 59 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

Section 62

Related Labour Hub resources

EPFO Schemes ESIC Gratuity hub

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

A woman worker is rostered for a night shift. The employer should not treat the roster as a simple scheduling decision: test the worker-consent requirement, prescribed safety/transport or other conditions, and any sector-specific restrictions under the Code and applicable Rules before the shift is assigned. Retain consent, roster and safety-control evidence.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 59

What does Section 59 of the Social Security Code cover?

What is the main legal requirement or power in Section 59?

The first operative clause identified from the official text is: “(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.” Read it with the remaining subsections and any proviso below.

Does Section 59 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Explanation.— For the purposes of this section, the expression “any work of arduous nature” shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.”

What time limit, percentage or amount appears in Section 59?

The provision contains this numerical/time expression: “Employment of, or work by, women prohibited during certain period.—(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 59?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 59 currently operative?

Source & verification trail

Act: Code on Social Security, 2020 — official India Code PDF ↗

Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.