Since 21 November 2025, the four new labour codes are in force across India, and they give working women clear new rights: the right to work any job and any shift, including nights, with your consent and proper safety, plus equal pay for the same work.
Quick answer: Under the OSH Code 2020 (Section 43), women can work in all establishments and all types of work, including night shifts between 7 pm and 6 am, but only with the woman's consent and with safety conditions set by the government. The Code on Wages 2019 (Section 3) bans gender pay and recruitment discrimination for the same or similar work.
The four labour codes that took effect on 21 November 2025 replace dozens of older laws. For women, the headline change is choice. Old rules often barred women from night work and many jobs. The new codes open every establishment and every type of work to women, on equal terms.
Three codes carry the rights in this guide.
Equal pay and no discrimination (Code on Wages 2019, Section 3). The statute says: “There shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature.” Section 3(2) also bars discrimination “on the ground of sex while recruiting any employee for the same work or work of similar nature and in the conditions of employment.” This subsumes the old Equal Remuneration Act 1976. So equal pay, equal hiring and equal working conditions are now your legal right.
Night work and all establishments (OSH Code 2020, Section 43). The exact words are: “Women shall be entitled to be employed in all establishments for all types of work under this Code and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition to be observed by the employer as may be prescribed by the appropriate Government.” Two things matter here. First, night work needs your consent; an employer cannot force it on you. Second, the exact safety conditions are set in rules by the appropriate Government, which can be the Centre or your State, so the fine print can differ from state to state.
Hazardous work with safeguards (OSH Code 2020, Section 44). Women can also be employed in dangerous or hazardous operations. Where the Government finds such work risky for women's health and safety, it may “require the employer to provide adequate safeguards prior to the employment of women for such operation.” So the answer is safeguards, not a ban.
Creche facility (OSH Code 2020, Section 24). Section 24(3) lets the Central Government make rules for a creche “for the use of children under the age of six years of the employees” in establishments where “more than fifty workers are ordinarily employed.” The facility is now for all employees' children, not only women's. Employers can also pool together or use a common creche.
Maternity benefit of 26 weeks continues separately under the Code on Social Security 2020.
The labour department enforces all this, through Inspector-cum-Facilitators under the OSH Code, and you can raise wage disputes under the Code on Wages. For the bigger picture, see our guide to the new labour codes.
Real-life example. Sunita Verma, 29, works at a packaging unit in Nagpur district. In February 2026 her supervisor added her to the 8 pm to 4 am shift without asking. She knew about Section 43 of the OSH Code, so she wrote to her employer that night work needs her consent and asked for the safety conditions for women. The company had no cab arrangement and a broken corridor light. Sunita gave conditional consent in writing, asked for safe transport, and filed an RTI with the State labour department for the notified night-shift safety conditions. Within a few weeks the unit arranged a shared cab worth about Rs 1,800 a month per worker, fixed the lighting, and confirmed her consent on record. She kept her higher night-shift earnings and her safety.
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No. Section 43 of the OSH Code 2020 says women may be employed before 6 am and beyond 7 pm only with their consent. Night work is your choice, not an order. Give or refuse consent in writing and keep a copy.
The OSH Code says night work is subject to conditions on safety, holidays and working hours set by the appropriate Government. These rules commonly cover safe transport and secure premises, but the exact list is set by your State or the Centre, so ask your employer for the conditions that apply to you.
Yes. Section 3 of the Code on Wages 2019 bans gender discrimination in wages for the same or similar work, and also bans discrimination in recruitment and conditions of employment. It replaces the old Equal Remuneration Act 1976.
Yes. Under Section 44 of the OSH Code 2020, women can be employed in dangerous operations. If the Government finds the work risky, it can require the employer to provide adequate safeguards before women are employed there.
Section 24(3) of the OSH Code 2020 allows rules for a creche for children under six in establishments where more than fifty workers are ordinarily employed. It is now for all employees' children. Employers may also share a common creche.
The four labour codes came into force on 21 November 2025. From that date, the night-work, equal-pay, safety and creche provisions described here apply across India.
Raise it in writing with your employer first, then complain to the labour department or the Inspector-cum-Facilitator for your area. You can also file an RTI to the labour department asking for the night-shift safety rules and the compliance records for your establishment.
No. Section 3(2) of the Code on Wages 2019 bars discrimination on the ground of sex while recruiting for the same or similar work, and in the conditions of employment, unless a law restricts women in that specific work.