Under Section 43 and 44 of the OSH Code, 2020, what is the key provision regarding employment of women in night shifts, and what welfare facility is mandatorily required in establishments employing more than 50 workers?

Section 43 of the OSH Code, 2020 is a landmark provision that entitles women to be employed in all establishments for all types of work a significant liberalisation from earlier restrictions under the Factories Act, 1948 which prohibited women from working during night hours. Under the Code, women may be employed before 6 a.m. and beyond 7 p.m. subject to three conditions: (i) consent of the women worker, (ii) adequate safety and security, and (iii) transport facilities as prescribed by the appropriate Government. This change was largely driven by the growth of the IT/ITES and BPO sectors where night shifts are routine. Separately, the Code mandates a crèche facility in every establishment employing more than 50 workers and significantly, the crèche facility is made gender-neutral (previously under the Factories Act, it was only triggered by a certain number of women workers). The crèche must be maintained in a clean and sanitary condition, and workers must be given four visits per day to the crèche, including rest intervals.