Women at Work: Night Shifts, Equal Pay and Safety in 2026

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.

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.

1. Confirm in writing that any night shift is your choice. Give consent on paper or email, and keep a copy. Consent is required by Section 43.
2. Ask your employer, in writing, what safety conditions apply to women on night duty in your state. These are set by rules, so ask for the specific list your establishment follows.
3. Check the basics before you start nights: safe transport to and from work, well-lit and secure premises, clean washrooms, and a working Internal Committee for sexual harassment complaints.
4. If pay is unequal for the same work, raise it with management in writing, citing Section 3 of the Code on Wages 2019.
5. If facilities are missing or you are pressured into night work without consent, complain to the labour department or the Inspector-cum-Facilitator for your area.
6. If the office stays silent or vague, file an RTI to the labour department asking for the night-shift safety conditions notified for women and the compliance and facility records of your type of establishment.

• Your appointment letter and any roster or shift schedule.
• Your written consent (or refusal) for night work.
• Salary slips for you and, if known, for male colleagues doing the same work.
• Photos or notes on missing facilities, like no transport, poor lighting or no washroom.
• Copies of any complaint you filed and the reply you received.

• Assuming night work is compulsory. It is not; Section 43 needs your consent.
• Treating the safety list as fixed nationwide. The conditions come from State or Central rules and can vary, so always ask for your state's list.
• Thinking equal pay is only about salary. Section 3 also covers recruitment and conditions of employment.
• Believing women are barred from hazardous jobs. Section 44 allows it with adequate safeguards.
• Waiting too long. Keep written records from day one so a complaint is easy to prove.

You can prepare a clean RTI in minutes with the AI RTI Drafter, and learn the full method in The RTI Playbook.

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.

• Code on Wages 2019, Section 3, India Code: https://www.indiacode.nic.in/handle/123456789/15793
• OSH Code 2020, Sections 24, 43 and 44, India Code: https://www.indiacode.nic.in/handle/123456789/22041
• Press Information Bureau, labour codes effective 21 November 2025: https://www.pib.gov.in
• Ministry of Labour and Employment: https://labour.gov.in

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