A Significant Policy Shift for Sri Lanka’s Workforce
The Sri Lankan Cabinet’s recent approval of amendments to the Shop and Office Employees Act No. 19 of 1954 marks a watershed moment for women’s employment rights in the country’s hospitality sector. The decision to permit female employees above 18 years to night work shifts between 6:00 p.m. and 6:00 a.m. as waitresses in residential hotels and restaurants represents both an economic opportunity and a complex social challenge that demands immediate attention from policymakers, law enforcement, and employers alike.
While this legislative change aligns Sri Lanka with global labor market trends and addresses the practical needs of the hospitality industry, it simultaneously raises critical questions about workplace safety, harassment prevention, and the adequacy of protective mechanisms for women working during vulnerable hours. The gap between Cabinet approval and Gazette publication presents a crucial window for the government to establish robust safeguards that will determine whether this policy becomes a catalyst for women’s economic empowerment or exposes them to heightened risks.
Understanding the Policy: What the Amendment Entails
Labour Minister Dr. Anil Jayantha Fernando’s proposal, endorsed by the Cabinet and announced by Cabinet Spokesman Dr. Nalinda Jayatissa, specifically targets female employees in the hospitality sector who work as waitresses in residential hotels and restaurants. The amendment removes previous restrictions that prevented women from working during night hours, recognizing the operational realities of Sri Lanka’s tourism and hospitality industries, which function around the clock.
The stated objectives include providing legal clarity for employers, protecting female workers through regulated conditions, and aligning with contemporary labor market requirements. However, the specifics of these “regulated conditions” remain undefined in the public announcement, creating uncertainty about the practical implementation of worker protections.
The Economic Imperative: Why Night Work Matters for Women and Industry
Sri Lanka’s hospitality sector represents a significant component of the national economy, with tourism contributing substantially to GDP and employment. Hotels and restaurants operating during evening and night hours have long faced staffing challenges due to restrictions on female employment during these periods. This has limited employment opportunities for women while constraining business operations.
For women workers, access to night shift employment can translate into increased earning potential, greater job availability, and more flexible scheduling options that may accommodate other responsibilities. In many countries, night work often comes with premium pay rates, potentially improving the economic circumstances of female workers and their families.
The tourism industry’s recovery following global disruptions has created acute demand for hospitality workers, making this policy change timely from an economic development perspective. However, economic benefits must be balanced against safety considerations to ensure sustainable and ethical employment practices.
The Dark Reality: Challenges Women Face During Night Work
1. Physical Safety and Transportation Vulnerabilities
Women working night shifts face significantly elevated risks compared to their male counterparts or those working daytime hours. Transportation to and from workplaces during late evening and early morning hours poses the most immediate danger. Public transportation systems typically operate on reduced schedules after dark, forcing women to rely on private vehicles, ride-sharing services, or walking—each carrying distinct safety risks.
Poorly lit streets, isolated bus stops, and deserted areas between transportation points and workplaces create environments where harassment, assault, and other crimes are more likely to occur. Studies from various countries have documented that women night workers experience higher rates of street harassment and face greater risks of physical violence during commutes.
2. Workplace Harassment and Power Dynamics
The hospitality sector, particularly establishments serving alcohol, presents unique challenges for female employees during night hours. Intoxicated patrons may exhibit inappropriate behavior, making unwanted advances, using offensive language, or becoming physically aggressive. The power imbalance between customers and service workers often prevents women from responding assertively to harassment for fear of complaints, job loss, or retaliation.
Night shifts typically operate with reduced staffing and management presence, meaning women may find themselves working with minimal supervision or support. This isolation can embolden harassers while limiting women’s ability to seek immediate assistance when facing threatening situations.
3. Health and Social Impacts
Beyond immediate safety concerns, night work affects women’s health and social well-being. Disrupted circadian rhythms can lead to sleep disorders, fatigue, and increased susceptibility to various health conditions. Women who are mothers face additional challenges in managing childcare responsibilities, particularly in a society where extended family support structures may not accommodate unconventional work hours.
The social stigma associated with women working late hours persists in many Sri Lankan communities, potentially exposing female night workers to judgment, gossip, and social ostracism that can affect their mental health and family relationships.
The Urgency of Comprehensive Safeguards: What Must Happen Before Gazette Publication
1. Law Enforcement Accountability and Rapid Response Mechanisms
The period between Cabinet approval and Gazette publication represents a critical opportunity—and obligation—for the government to establish stringent protective measures. Law enforcement agencies must be explicitly assigned responsibility for ensuring the safety and dignity of women night workers before this policy becomes operational.
Police departments should establish dedicated units or protocols specifically addressing complaints from hospitality workers, with expedited response systems for incidents occurring during night hours. This requires coordination between labor authorities, police departments, and hospitality establishments to create clear reporting channels and accountability mechanisms.
Failure to establish these protections before implementation could result in a dangerous vacuum where women are legally permitted to work nights but lack practical safeguards, effectively making them more vulnerable rather than more empowered.
2. Mandatory Employer Obligations
The amended regulations must impose strict obligations on employers, including:
- Transportation Security: Establishments should be required to provide safe transportation for female employees working night shifts, or adequate transportation allowances with approved vendor arrangements. Simply permitting night work without addressing commute safety is inadequate and irresponsible.
- Workplace Safety Standards: Mandatory security personnel presence, surveillance systems, well-lit premises, panic buttons, and secure rest areas should be non-negotiable requirements. Establishments must maintain minimum staffing levels to ensure women never work in isolation.
- Anti-Harassment Training: Comprehensive training for all staff members, including male colleagues and management, on preventing and addressing workplace harassment should be mandatory before establishments can employ women during night hours.
- Complaint Mechanisms: Confidential, accessible complaint procedures with protection against retaliation must be established, with regular monitoring by labor authorities.
3. Legal Penalties and Enforcement
The amended order must include severe penalties for employers who fail to maintain safety standards or who retaliate against women reporting harassment or safety concerns. These penalties should be substantial enough to ensure compliance rather than becoming mere business expenses.
Additionally, specific legal provisions should address harassment by customers, with clear protocols for establishments to refuse service to individuals who harass staff, and legal backing for such refusals.
International Perspectives and Best Practices
Countries that have successfully integrated women into night work have done so through comprehensive regulatory frameworks. The International Labour Organization’s Night Work Convention provides guidelines emphasizing health protection, safety measures, and social services support. Sri Lanka should examine successful models from countries with similar cultural contexts that have navigated this transition while protecting women workers.
The Path Forward: Recommendations for Stakeholder Action
- For Government: Delay Gazette publication until comprehensive safety regulations are drafted and approved. Establish an inter-ministerial taskforce including the Ministry of Labour, Ministry of Women and Child Affairs, Police Department, and hospitality industry representatives to develop implementation guidelines.
- For Law Enforcement: Designate specific police stations near major hospitality zones for rapid response to worker safety complaints. Create specialized training modules for officers on addressing workplace harassment cases involving hospitality workers.
- For Employers: Proactively develop safety protocols exceeding minimum legal requirements. Establish industry associations to share best practices and create voluntary standards that prioritize worker safety.
- For Civil Society: Monitor implementation through worker surveys and incident documentation. Provide legal aid and support services for women night workers facing harassment or safety issues.
Rights Without Protection Are Merely Words
The Cabinet’s decision to allow night work for women in Sri Lanka’s hospitality sector can be either a progressive step toward gender equality in employment or a dangerous policy failure, the difference lies entirely in the safeguards established during implementation.
Economic opportunities mean nothing if they come at the cost of women’s safety, dignity, and well-being. The government’s responsibility extends beyond granting permission; it encompasses creating an environment where that permission translates into genuine opportunity rather than increased vulnerability.
The weeks before Gazette publication represent a crucial juncture. The government must resist pressure for rapid implementation and instead prioritize comprehensive protection mechanisms. Law enforcement must be made explicitly and accountably responsible for protecting women night workers before a single woman begins a night shift under this new policy.
History will judge this policy not by its stated intentions but by its real-world outcomes for the women whose lives it affects. The time to act decisively on safety measures is now, not after the first harassment case, not after the first assault, but before this policy takes legal effect. Anything less would be a betrayal of the women this policy purports to empower!
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