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Section 23: Special provision for women

The Andhra Pradesh Shops and Establishments Act, 1988.State Act of Andhra Pradesh · Act 20 of 1988

1[No Woman employee shall be required or allowed to work in any establishment before 6-00 a.m. and after 8-30 p.m.:

Provided that the women employees may be required or allowed to work between 8.30 p.m. and 6.00 a.m. in any establishment in which adequate safety security measures and other safeguards as my be prescribed by the State Government are provided. The safety and security measures shall include provision of shelter, rest rooms, lunch rooms, night crèches and ladies, toilets, adequate protection of their privacy, dignity, honour and safety, protection from sexual harassment, employment of at least five (5) women employees together and their transportation between factory premises and the doorstep of their residence:

Provided further that the above relaxation shall not be allowed to a woman employee during a period of sixteen (16) weeks before and after her childbirth, of which at least eight (8) weeks shall be before the expected childbirth, and for such additional period, if any, as specified in the medical certificate stating that it is necessary for the health of the woman employee or her child].

1 . . Substituted by the Act No. 36 of 2018, S.4.

24. Maternity leave - The periods of absence from duty in respect of which a women employee is entitled to maternity benefit under section 25, shall be treated as authorised absence from duty, and the women employee shall be entitled to maternity benefit, but not to any wages for any of those periods.

25. Maternity benefit - Every woman who has been for a period of not less than six months preceding the date of her delivery in continuous employment of the same employer whether in the same or different shops or commercial establishments, shall be entitled to receive from her employer for the period of-

(a) six weeks immediately preceding the day of delivery; and

(b) six weeks following the day of delivery; such maternity benefit and in such manner as may be prescribed:

Provided that, no woman employee shall be entitled to receive such benefit for any day during any of the aforesaid periods, on which she attends work and receive wages thereof.

CHAPTER-VI HEALTH AND SAFETY

26. Clean lines - The premises of every establishment shall be kept clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be prescribed.

27. Ventilation - The premises of every establishment shall be ventilated as provided for in the laws relating to the municipalities, gram-panchayats or other local authorities for the time being in force.

28. Precautions for the safety of employees in establishments - (1) In every establishment other than such establishment or class of establishments as the Government, may, by notification, specify, such precautions against fire shall be taken as may be prescribed.

(3) Nothing in sub-section (1) shall apply in respect of any establishment where the number of holidays with wages allowed by the employer is more than the holidays notified by the Government under that sub-section:

Provided that, every such employer shall send a list of holidays with wages allowed by him, which shall include the five holidays specified in subsection (1), to the inspector and to the Chief Inspector and shall also display the list at a prominent place of the establishment.

32. Pay during leave and holidays - Every employee shall, for the period of the leave allowed under sub-sections (1) and (5) of section 30 or the holidays allowed under section 31, be paid at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding month exclusive of any earning in respect of overtime.

Where this provision sits

ActThe Andhra Pradesh Shops and Establishments Act, 1988.
Section23
Marginal noteSpecial provision for women
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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