LAWS FOR WORKING WOMEN IN INDIA

INTRODUCTION

Over the years, several enactments have been passed for the welfare of the working people and protection of Indian employee rights. Some of these enactments carve out special provisions for the women workforce. In recent times we have seen an increase in the number of women professionals in organizations, both public and private, due to the immense opportunities available and with the booming of specific industries like IT and start-ups.

There are many laws for women enacted for their benefits in many fields. This article mainly focuses on laws for women who are working in any workplace. These laws can specifically labelled under 'Labor Laws'.

LABOR LAWS FOR WOMEN

The labour laws are enacted for the purpose of protecting and safeguarding the interest of the working women in India. There are various labor laws in India which exist as on date, which provides benefits and security to all employees (whether male or female).

As rightly mentioned by our honourable Prime Minister Mr. Narendra Modi in one of his speeches, women constitute 50% of our population and if they do not come out and work, then our country will never grow at the pace we all envision it to grow, and for that very reason, governments over time have taken special care to enact and amend laws to ensure greater participation of women in the growth story of India.

BACKGROUND

Working women form a major thick peace of society. Amongst – labourers, the conditions of working women is particularly vulnerable. They belong to the weaker Section of the society. They need equal treatment and special protection under the law. This special treatment to women workers is due to the peculiar and psychological reasons, such as their physical build up, poor health due to repeated pregnancies, home drudgery and due to nature of occupation in which they are engaged.

Women have come along way in the workplace, but discrimination and unfair treatment still do happen. Part of protecting yourself is being educated about current laws and female rights in the workplace so you can make sure you’re being treated fairly.

HIGLIGHTING SOME COMMON ISSUES FACED BY THE WOMEN IN WORKPLACES

A modern day woman struggles to strike a balance between working and family life, often sacrificing the latter to succeed and gain status within a company and society. They are not only faced with these problems but also get paid significantly less than their male co-workers, too.

Here are the most common problems for women still lurking in today’s workplace-

1. Pregnancy Discrimination

Being a working woman can become extremely difficult when it comes to having a baby. Many women are afraid of starting a family knowing that their career will most likely be affected.

2. Sexual Harassment

The tricky topic of workplace sexism and harassment has become even more evident in recent years, with women plucking up the courage to share their horrific stories. It’s sad that women are still faced with these kind of challenges in the workplace.

3. Gender Pay Gap

The gender pay gap is something that’s widely discussed in today’s working world, with statistics showing that ‘women earn 76 cents on the dollar compared to men’. Whatever the reason, it’s true that being a woman will probably earn you a lower salary than a man applying for the exact same position.

4. Climbing the Career Ladder

Career advancement is much trickier for young female professionals, who need to work harder than their male peers in order to earn recognition or praise.

5. Appearance

Why is it that a woman’s appearance is judged more than males? 'Whether clothing, body frame or makeup related… sometimes the criticism is that women don’t look polished enough, with the general attitude being that the woman doesn’t care about their job if they aren’t wearing makeup or high heels,’ writes Kaytie Zimmerman for Forbes. ‘On the other hand, if a woman dresses her best and pays careful attention to the details of her appearance, others can assume she’s trying too hard.’ It’s so hard to find the perfect medium where you look tidy and professional but not too polished and not too untidy either.

6. Work-Life Imbalance

Another noticeable challenge that the working women of today faces is a work-life imbalance. Their personal life tends to suffer due to work commitments or vice-versa.

7. Ego Clashes

Women of power are usually faced with an egotistical man who refuses to take orders from a woman – sounds like cavemen rubbish, right? Sadly, this kind of inequality still exists in today’s working world. Some men go as far as belittling a woman or talking to them as if they are clueless.

8. Unsupportiveness

Some bosses find it hard to believe that you – the ‘girl that doesn’t have a clue’ – have managed to bag some big investors and land a new major account for the company. After the news has been shared throughout the company, you receive a half-hearted ‘well done’. This exact manager might even block opportunities for you to succeed.

9. The Time of the Month

This is something that’s completely out of a woman’s control; she doesn’t know how her body will react. Male counterparts find this topic very difficult to understand and think women use it as an excuse to take a personal day if they are unable to fling themselves out of bed and make it into work. Sadly, there’s not much that can be done other than taking some paracetamol and suffering in silence, hoping that men will educate themselves on this topic.

LAWS RELATED TO WORKING WOMEN

1. The Maternity Benefit Amendment Act, 2017

Prior to this, the previous Maternity Benefit Act was passed in 1961. Just recently last year did this fresh Amendment to this act came into place. The amendment has not only expanded the term of the leave but rather has additionally prompted the presentation of numerous new provisions.

A portion of the key arrangements in the altered Maternity advantage act are:

a. The maternity leave after the correction has been raised from the present 12 weeks to 26 weeks. Pre-natal leave has likewise been increased from 6 weeks to 2 months. However, a lady with effectively at least two kids is qualified for 12 weeks' maternity leave. The pre-birth leave, for this situation, stays a month and a half.

b. The correction has likewise broadened the advantage of the old represent supportive moms. A leave period of 12 weeks will be allowed to a lady who has adopted a child younger than three months. An authorizing mother is likewise qualified for a 12-week leave from the date the youngster is given over to her. An authorizing mother is characterized as a "Biological mother who utilizes her egg to make a fetus embedded in some other lady" (the lady who brings forth the youngster is called host or surrogate mother).

c. The Act has now made it necessary for businesses to educate a female employee of her rights under the Act at the time of appointment. The data must be given in written and in electronic form (email).

d. Female government employees are qualified for maternity leave for a time of 180 days for their initial two live conceived kids.

e. The new act has additionally presented the choice of telecommuting/work from home for new moms. Ladies could practice this arrangement after the completion of the 26 weeks leave period. Contingent on the idea of work, ladies representatives might have the capacity to profit this advantage on terms that are commonly concurred with the business.

f. Crèche facility has been made obligatory under the change for each foundation utilizing at least 50 representatives. Ladies workers would be allowed to visit the crèche 4 times amid the day.

The old Maternity Act, despite its existence, was not able to give sufficient leave for new moms. Ladies needed to battle to get from the latest relevant point of interest, with numerous leaving their jobs. Execution issues are one of the numerous issues that ladies confront when they join work too early. Thus, it was about time ladies were given the advantages they required. The new act won't just positively affect working ladies, it will likewise prompt a more advantageous and upbeat work culture.

2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“SHA”)

Sexual harassment at work is not uncommon and we come across various cases dealing with harassment in the workplace. India finally enacted its law on prevention of sexual harassment against female employees at the workplace in 2013. The statute was enacted almost 16 years after the landmark judgment of the Supreme Court of India, in the matter of Vishaka and others v. State of Rajasthan (“Vishaka Judgment”). The Vishaka Judgment laid down guidelines making it mandatory for every employer to provide a mechanism to redress grievances pertaining to sexual harassment at work and enforce the right to gender equality of working women (“Guidelines”). Till the enactment of the Sexual Harassment Act, organizations were expected to follow the Guidelines, but in most instances, they fell short. The enactment of the sexual harassment act has brought the much-needed relief to the women workforce.

The definition of sexual harassment in the Sexual Harassment Act is in line with the Supreme Court’s definition in the Vishaka Judgment and includes any unwelcome sexually determined behaviour (whether directly or by implication) such as:

A. physical contact and advances,

B. demand or request for sexual favours,

C. sexually coloured remarks,

D. showing pornography,

E. or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Apart from dealing with sexual harassment complaints, an employer has additional obligations in the nature of:

a. providing a safe working environment,

b. display conspicuously at the workplace, the penal consequences of indulging in acts that may constitute sexual harassment and the composition of the Internal Complaints Committee (ICC),

c. organize workshops and awareness programmes at regular intervals for sensitizing employees on the issues and implications of sexual harassment in the workplace and organizing orientation programmes for members of the ICC,

d. treat sexual harassment as a misconduct under the service rules and initiate action for misconduct.

3. The Factories Act, 1948 (“Factories Act”)

The Factories Act is a legislation to secure to the workers employed in a factory, health, safety, welfare, proper working hours, leave and other benefits. The Factories Act aims at protecting workers employed in factories from unfair exploitation by their employers.

The Factories Act also has exclusive provisions for women workers.

a. The Factories Act stipulates the working hours for all adult workers. It also provides for overtime pay to workers who work beyond the prescribed hours of work.

b. It also contains provisions pertaining to intervals or rest period during a working day, weekly off, annual leaves, etc.

c. Generally, in factories, it is observed that work happens on a shift basis, and there are requirements for workers to work night shifts. However, night shifts are required to be on a rotational basis. Further, shift timings and hours of work is required to be fixed beforehand by the management and displayed on the notice board of the factory.

d. No woman worker shall be allowed to work in a factory except between 6 a.m. and 7 p.m. The State Governments may by notification vary the limits as set out in this point, but in no circumstance will women employees be allowed to work between 10 p.m. and 5 a.m.

e. The shift timing of a woman worker cannot be changed except after a weekly holiday or any other holiday. Hence, women employees are entitled to get at least a 24-hour notice for their shift timing change.

f. There are prohibitions for women workers to work in a hazardous occupation, in pressing cotton where a cotton-opener is at work, and limits to the maximum permissible load.

g. The Factories Act also stipulates the employers employing 30 or more women workers to provide for creches for children of the women workers, aged 6 years and below.

h. There are various other facilities which are required to be given to workers in a factory such as washing and bathing facilities for women, toilets (latrine and urinals separate for women), restrooms and canteens.

State Governments from time to time issue notifications for amending provisions of the Factories Act, which would be applicable to workers in factories in that particular State. For instance, on 1st December, President Pranab Mukherjee gave his assent to the Maharashtra Factories (Amendment) Bill, 2015, wherein, amongst other amendments, it is allowing women to work in factories in night shifts.

Prior to the amendment, the Factories Act did not allow women employees to work in the factories in night shift between 7 PM and 6 AM. With this amendment, it also makes mandatory for factory management to ensure the security of women working night shifts.

4. The Equal Remuneration Act, 1976 ("Equal Remuneration Act")

The time again comes across discussions and instances of pay discrimination, where women workers are getting paid lesser than their male counterparts. This is a story across the globe, even in developed nations. Article 39 of our Constitution directs that States shall, in particular, have policies towards securing equal pay for equal work for both men and women,

Under the Equal Remuneration Act:

a. Employers shall pay equal remuneration to its male and female employees who are carrying out the same or similar work.

b. Employers cannot discriminate between men and women while recruiting unless there is a restriction under the law to employ women in certain industries

List of protective provisions for women employees:

Some of the important protective provisions alongwith the relevant sections and acts for protection as well as for safeguarding the interests of working women are:

Safety/Health Measures

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.

Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a factory for pressing cotton in which a cotton opener is at work.

Prohibition of Night Work

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates that no woman shall be required or allowed to work in any industrial premise except between 6 a.m. and 7 p.m.

Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.

Prohibition of Sub-terrain Work

Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any part of a mine which is below ground.

Maternity Benefit

The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and provides maternity benefits.

The Building and Other Constructions (Regulation of Employment and Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries of the Welfare Fund.

Provisions for Separate Latrines and Urinals

Provision for separate latrines and urinals for female workers exist under the following:

Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 19 of the Factories Act, 1948.

Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.

Section 20 of the Mines Act, 1952.

Section 9 of the Plantations Labour Act, 1951.

Provisions for Separate Washing Facilities

Provision for separate washing facilities for female workers exists under the following:

Section 57 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 42 of the Factories Act.

Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979.

Provision for Crèches

Provision for crèches exists under the following:

Section 48 of the Factories Act, 1948.

Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.

Section 12 of the Plantations Labour Act, 1951.

Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

Section 35 of the Building and other Constructions (Regulation of Employment and Conditions of Service) Act, 1996.

SOME EXAMPLES OF THE PROBLEMS STILL FACED BY WOMEN

A. A woman in the hospital, about to give birth, receives a call from her employer. She is being dismissed from her job because her pregnancy is considered an “offense.”

B. An autopsy surgeon is prohibited from continuing at her job after a new decree labels it inappropriate for women.

C. A secretary is fired after confiding to colleagues that her boss is sexually harassing her.

Stories like this are all too common, affecting women at every stage of their working life and holding them back from economic opportunities.

According to the World Bank’s Women, Business and the Law 2020 report published today, women still have just three-fourths the legal rights of men.

IMPROVEMENTS REQUIRED

A. Laws matter for women’s economic inclusion. Although achieving gender equality is not a short-term process requiring strong political will and a concerted effort by governments, civil society, international organizations among others.

B. Legal and regulatory reforms can play a foundational role as an important first step.

C. No country can achieve its full potential without the equal participation of women and men. Achieving gender equality is not only the right thing to do but it is also good for a country’s economic growth and development. This gender equality cannot be seen though stringent laws prevail in the society.

D. The concept of women working today is different than it used to be in the past. The women are appreciated than before. But still in some places there are some orthodox groups who believe that women are better working at home rather than at workplaces.

CONCLUSION

Owing to cultural restrictions and family responsibility, women participation in the formal economy is limited. Some other concerns that affect working women relate to gender discrimination, quantum of payment, safety at work place, working hours and conditions of employment that are sensitive to cultural and religious bondages as well as family responsibilities. Indian legislature has been active on this front. Its main focus is on reducing inequality of any sort, and thereby promoting a fair, non-discriminatory and safe work environment.

Indian political and administrative structure is multi-layered. At the apex is the central government, under which there are states and local self bodies. Responsibilities for legislation are also divided accordingly, so that autonomy of states is protected. In labour legislation, both center and states have powers to enact suitable legislations. Labor law tries to remove all hurdles and make a safe and conducive environment for women to work.

- GAYATRI LACHKE