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Women’s participation in the labour market is an important component of economic development, gender equality and inclusive growth. However, ensuring women’s equal participation in employment requires not only access to education and professional qualifications but also a legal and institutional environment that enables them to access employment opportunities, advance in their careers and achieve economic independence. In Sri Lanka, the challenges associated with women’s participation in the labour market warrant particular attention when considering the relationship between existing labour legislation and the changing nature of employment.

According to the Sri Lanka Labour Force Statistics Quarterly Bulletin, Second Quarter 2026, published by the Department of Census and Statistics, Sri Lanka’s overall unemployment rate was 4.0 per cent, while the unemployment rate among women was 6.1 per cent, compared with 2.8 per cent among men. More significantly, the unemployment rate among women with G.C.E. Advanced Level qualifications or above was reported at 9.6 per cent, highlighting the difficulties that educated women may encounter in securing employment. These statistics provide an important context for examining the legal and structural conditions that shape women’s access to employment opportunities. Although the figures do not establish a causal relationship between unemployment and restrictions on night work, they underscore the importance of critically examining whether existing legal arrangements adequately support women’s participation in the labour market.

Historically, labour legislation in many jurisdictions has imposed restrictions on women’s night work on the grounds of protecting their health, safety and welfare. Sri Lanka’s legal framework reflects aspects of this protective approach through legislation regulating the employment of women during specified night-time hours, subject to statutory exceptions and conditions. While such restrictions were introduced in a historical context in which protective labour measures were considered necessary to safeguard women workers, the contemporary labour market raises important questions about their continuing relevance, scope and proportionality. In an economy increasingly characterised by service-sector employment, international business operations and shift-based work, access to night-time employment may be relevant to a worker’s choice of occupation, professional development and earning opportunities.

Sri Lankan Legal Framework

Night work by women in Sri Lanka is regulated primarily by three legislative instruments: the Shop and Office Employees (Regulation of Employment and Remuneration) Act, No. 19 of 1954; the Employment of Women, Young Persons and Children Act, No. 47 of 1956; and the Factories Ordinance, No. 45 of 1942.

Section 10 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act, No. 19 of 1954, imposes restrictions on the working hours of female employees, prohibiting their employment before 6.00 a.m. or after 6.00 p.m., subject to certain exceptions. However, exceptions have been provided for women employed in hotels, restaurants and places of public entertainment under the proviso to section 10(2)(ii). Furthermore, according to the Department of Government Information (2022), the Cabinet approved a proposal to permit women to engage in night work in the IT, KPO and BPO. In light of these developments and the changing demands of the modern labour market, the existing provisions should be reconsidered and amended, subject to the consent of the women concerned, to enable women to undertake night work without discrimination.

Furthermore, Regulation 2.1 of the relevant Shop and Office Employees regulations limits overtime work to a maximum of twelve hours per week. Such restrictions may create disparities between male and female employees in terms of employment opportunities and access to additional earnings, potentially affecting women’s career advancement and economic independence. These limitations may also have broader implications for the country’s economic growth by restricting the full utilisation of women’s skills and capabilities in the labour market.

In contrast, section 67A of the Factories Ordinance, No. 45 of 1942, adopts a more progressive approach towards women’s night work by permitting such employment subject to the woman worker’s consent and the written approval of the Commissioner General of Labour. However, this exception does not apply  for women holding managerial or technical positions and women employed in health and welfare services who are not ordinarily engaged in manual work.

The restrictions governing women’s working hours in Sri Lanka may also be examined from a human rights perspective, particularly in light of the constitutional guarantees of equality and non-discrimination. Article 12(1) of the Constitution of Sri Lanka guarantees that all persons are equal before the law and are entitled to the equal protection of the law. Article 12(2) further prohibits discrimination against citizens on specified grounds, including sex. These constitutional principles provide an important basis for examining whether restrictions imposed specifically on women are consistent with the broader objective of ensuring equality and non-discrimination in employment. Accordingly, the existing legal framework should be reconsidered to ensure that protective measures do not unnecessarily restrict women’s employment opportunities, career progression and access to additional income.

Night work Restrictions of other countries.

India

India’s Occupational Safety, Health and Working Conditions Code, 2020, which came into force on 21 November 2025, adopts an approach aimed at enhancing women’s participation in the labour force. Under the code, women are entitled to be employed in all establishments for all types of work, subject to the prescribed safeguards. Women may also be employed before 6.00 a.m. and after 7.00 p.m. with their consent, subject to the applicable conditions. Employers are required to make appropriate arrangements to ensure the safety, welfare and other prescribed facilities of women undertaking such work, including transportation where required by the applicable rules. This approach seeks to expand women’s access to employment opportunities while maintaining safeguards to address the risks associated with night work.

Indonesia

In Indonesia, the legal protection of female employees undertaking night work is addressed through several legislative and regulatory instruments, particularly Law No. 13 of 2003 concerning Manpower and Decree of the Minister of Manpower and Transmigration No. KEP.224/MEN/2003 concerning the obligations of employers employing women between 11.00 p.m. and 7.00 a.m.

Article 76 of Law No. 13 of 2003 establishes specific restrictions and protective requirements relating to the employment of women during night-time hours. These provisions address the circumstances in which women may be employed at night and the obligations imposed on employers to protect their welfare and safety. In addition, Article 2 of Ministerial Decree No. KEP.224/MEN/2003 specifies the obligations of employers who employ female workers between 11.00 p.m. and 7.00 a.m. These include providing nutritious food and drinks and maintaining decency and security in the workplace. Employers are also required to provide transportation for female employees travelling to and from work between 11.00 p.m. and 5.00 a.m.

The Indonesian framework therefore places particular emphasis on employer responsibility for the welfare and security of women undertaking night work. Rather than addressing night work solely through restrictions, these provisions establish specific protective measures intended to ensure that women working during late-night and early-morning hours are provided with appropriate facilities and safeguards. The framework illustrates how legal requirements concerning workplace security, nutrition and transportation can form part of the regulation of women’s night work.

Practical Challenges and Policy Considerations for Reform

On one hand, the adoption of a more flexible regulatory framework for women’s night work in a developing country such as Sri Lanka requires careful consideration of the practical and economic challenges faced by employers. Imposing extensive safety, welfare and transportation requirements on employers may increase the cost of employing women during night-time hours and overtime periods. Where these obligations create a significant financial burden, some employers may be discouraged from recruiting female employees for positions that require night shifts.

Conversely, the removal or relaxation of restrictions on night work and overtime must not create opportunities for employers to exploit employees.. The principle of informed consent should be supported by enforceable limits on working hours, appropriate rest periods, fair remuneration and accessible mechanisms for reporting violations.

Furthermore, responsibility for ensuring the safety of women travelling to and from work at night should not rest exclusively with individual employers. The Government has an important role in addressing the broader public safety and transport challenges associated with night-time employment. Measures could include expanding the availability and frequency of public transport services during night-time hours, improving street lighting and transport infrastructure, strengthening the enforcement of laws against harassment and violence on public transport and public roads, and establishing accessible mechanisms for reporting and responding to incidents.

In conclusion, reforming Sri Lanka’s legal framework on women’s night work is essential to promoting gender equality, expanding employment opportunities and supporting inclusive economic growth. A shift from restrictive protective measures towards a framework based on informed consent, equal treatment and effective safeguards would enable women to access a wider range of employment opportunities without compromising their safety and welfare. Drawing on comparative approaches adopted in countries such as India and Indonesia, Sri Lanka should consider revising existing restrictions while introducing appropriate measures concerning workplace security, transportation, working hours and employer responsibilities. Such reform requires a balanced approach involving the Government, employers and other relevant stakeholders to ensure that women’s participation in night work is both equitable and safe. Ultimately, the objective should be to protect women not by unnecessarily limiting their employment choices, but by creating an environment in which they can participate in the labour market on equal terms.