5 laws every working woman should be aware of

India’s cultural heritage is a legacy woven with diverse traditions, values, and customs that have been passed down through generations. Throughout history, women have played a significant role in shaping and nurturing this rich society. From ancient times women rulers have contributed a lot in many domains. However, the full realization of women’s potential has often been hindered by traditional gender roles, societal expectations, and barriers to economic participation.

Challenges Faced by Women in the Workforce:

Despite their significant contributions, women in India have historically encountered hurdles when seeking meaningful participation in the workforce. Deep-rooted social norms and cultural practices have perpetuated the notion that a woman’s primary role confines herself in the home.

This mindset has led to limited access to education, unequal opportunities, and a lack of representation in decision-making positions. Additionally, gender bias, discriminatory practices, and the absence of supportive infrastructure, such as childcare facilities, have further impeded women’s professional growth.

However today, a lot has changed as the government of India has introduced many laws, especially for working women. There are some empowering laws for working women that they need to be aware of. These legal measures not only provide for gender equality but also value a woman’s contribution outside the domestic sphere.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

The Harassment of Females at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is an administrative demonstration in India that seeks to guard women against inappropriate behaviour in their work environment.
Every workplace in India, including those in the organized and unorganized sectors, is bound to the POSH Act. Every workplace with more than 10 workers must establish an Internal Complaints Committee (ICC), which is tasked with handling allegations of workplace sexual harassment.
Sexual harassment is widely defined in the POSH Act and includes any unwanted physical, verbal, or nonverbal action of a sexual nature. When its rules are broken, the Act imposes serious repercussions, including fines and jail time.
The POSH Act has played a significant role in raising awareness of workplace sexual harassment and in giving women the confidence to report such events.

Vishaka v. State of Rajasthan: This is a landmark case related to sexual harassment in the workplace. The Supreme Court of India laid down guidelines to prevent sexual harassment of women in the workplace until legislation was enacted to address the issue. The guidelines included measures for employers to prevent and redress sexual harassment complaints.

Facts:

Bhanwari Devi, a Dalit government official, advocated against dowry and child marriage and promoted cleanliness awareness. Despite her efforts to prevent a forced marriage and organize a protest, she was brutally assaulted, resulting in gang rape. Despite filing a lawsuit, her case received insufficient attention from law enforcement. The Rajasthan High Court found her assailants guilty of assault rather than rape, highlighting systemic failures in addressing gender-based violence and discrimination.

Judgment:

Following the Rajasthan High Court’s decision, widespread public outcry ensued, prompting protests and marches demanding justice for Bhanwari Devi. This case resonated with the landmark Vishaka v. State of Rajasthan judgment, which led to the establishment of the Vishaka Guidelines to address sexual harassment, particularly in the workplace. These guidelines emphasized defining sexual harassment, creating safe work environments, and establishing complaint-handling committees. The Bhanwari Devi case reignited calls to expand the reach of the Vishaka Guidelines to safeguard women’s safety and dignity across all sectors.

The Maternity Benefit Act, 1961:

Maternity Leave Duration: The statute offers ambitious working mothers the opportunity to continue their careers without starting over after pregnancy. It grants them a substantial 26 weeks (about 6 months) of paid maternity leave.
Sickness Leave and Medical Bonus: In addition to maternity leave, the law provides one month of paid leave for health issues arising from pregnancy or miscarriage. Employers offering prenatal and postnatal medical care are required to provide a medical bonus of a specified amount.
Advance Payment: An advance payment is ensured within 48 hours (about 2 days) of providing proof of delivery.
Beneficiary Designation: In the unfortunate event of the employee’s demise without legal heirs, the maternity benefit is directed to a designated beneficiary.
Recruitment Restriction: Employers are prohibited from recruiting employees for six weeks after childbirth, miscarriage, or medical termination of pregnancy.
Job Security: During the maternity leave period, the employee is safeguarded from any form of termination. The statute effectively addresses the concern of job loss due to pregnancy, thus eliminating job insecurity for pregnant women.

Anuj Garg v. Hotel Association of India: This case clarified the law related to maternity leave considering laws related to working women in India. The Supreme Court held that maternity benefits are a fundamental right of women employees and that women cannot be denied maternity leave because they have not completed one year of continuous service

By offering these benefits, the statute aims to empower working mothers, allowing them to balance their professional aspirations with motherhood without the fear of career setbacks.

The Equal Remuneration Act, 1976:

The Equal Remuneration Act, enacted in 1976, plays a crucial role in bridging the wage gap that exists between men and women in India.
Constitutional Backing – Article 39: Article 39 of the Indian Constitution forms the foundation for claiming equal pay. This article empowers individuals to demand equal remuneration for equal work, regardless of gender.
Equal Pay for Equal Work: The Act mandates that employers must provide equal wages for men and women performing the same or similar job roles. This principle ensures that gender is not a factor in determining compensation for work of equal value. Employers are prohibited from engaging in gender-based discrimination during the recruitment process. Certain exceptions apply, but overall, the Act aims to create a level playing field for men and women.
Central Industrial Relations Machinery (CIRM): The Central Industrial Relations Machinery (CIRM) is entrusted with enforcing the provisions of the Equal Remuneration Act. This enforcement mechanism ensures that employers adhere to the requirement of equal pay.
Section 4 & 5: Equal Pay for Equal Position: Sections 4 and 5 of the Act explicitly state the requirement of equal pay or wages for both male and female employees in equal positions. This provision underscores the importance of parity in compensation for individuals holding the same job roles. By mandating equal pay, the Act contributes to the financial independence and empowerment of women. It encourages women to actively participate in the workforce, contributing to their socio-economic well-being.
Promoting Inclusivity and Progress: The Equal Remuneration Act is a pivotal instrument in promoting inclusivity and progress in the Indian labour landscape. It upholds the principles of justice and equality enshrined in the Constitution, fostering a more just and equitable society.

Air India v. Nergesh Meerza (1981): This case was instrumental in ensuring that women could not be discriminated against in employment. The Supreme Court held that the employment of women as air hostesses could not be restricted based on their marital status or pregnancy

In a nutshell, the Equal Remuneration Act, of 1976, is a critical legislative measure that not only addresses wage disparities but also champions gender equality, fairness, and empowerment in the workplace.

The Factories Act, 1948:

This is significant legislation governing factory operations and working conditions. It encompasses various provisions related to the well-being of workers, particularly women, ensuring their safety, health, and overall welfare. Here are key highlights of the Act’s provisions:
Regulating Factory Working Conditions: The Factories Act, of 1948, sets guidelines to maintain safe and healthy working conditions within factories. It covers aspects like ventilation, lighting, cleanliness, and prevention of overcrowding.
Provisions for Women Workers: The Act mandates specific provisions to safeguard the rights and welfare of women employees. Employers are required to provide separate and hygienic facilities such as toilets, washing areas, and restrooms exclusively for women.
Penalties for Non-Compliance: Failure to comply with the Act’s provisions can lead to penalties and legal consequences for employers. Employers are obligated to uphold proper working conditions to ensure the health, safety, and well-being of their workforce.
Working Hours and Shift Changes: The Act sets limits on working hours, ensuring that employees are not overworked and have adequate rest. Women workers are entitled to receive 24 hours notice in case of changes in their shift timings.
Creche Facilities: Factories employing more than 30 women workers are required to establish a creche for children aged six years and below. This provision aims to assist working mothers by providing childcare support during working hours.

The Factories Act, of 1948, plays a crucial role in maintaining a conducive and safe working environment for employees, with a specific focus on protecting the rights and well-being of women workers. It outlines essential guidelines that employers must adhere to, promoting fair and equitable working conditions while ensuring the health and safety of all employees, especially women.

The Shops and Establishments Act,1948:

This is also a significant legal framework that governs the working conditions within shops and commercial establishments. This Act encompasses various provisions aimed at ensuring the welfare and rights of workers, particularly women, in these settings. Here are key points and additional details about the Shops and Establishments Act:
Regulation of Working Conditions: The Shops and Establishments Act establishes guidelines for maintaining safe, healthy, and equitable working conditions within shops and commercial establishments. The Act covers aspects such as working hours, breaks, leave, hygiene, and facilities for workers.
Limitations on Working Hours for Women: The Act imposes restrictions on the working hours of women employees. Women are not required or permitted to work beyond 7 pm and before 6 am, ensuring their safety and well-being during late hours.
Separate Facilities for Women Workers: The Act mandates the provision of separate and hygienic restrooms and washing facilities exclusively for women employees. This provision ensures privacy, dignity, and hygiene for women workers in shops and commercial establishments.
Prohibition of Night Shifts for Women: The Shops and Establishments Act prohibits the employment of women during night shifts. This restriction is in place to safeguard the health and safety of women workers and to prevent potential risks associated with working late hours.
Enforcement and Penalties: The Act outlines mechanisms for enforcement, inspections, and penalties to ensure compliance with its provisions. Employers who violate the Act’s regulations may face legal consequences and penalties.

The Shops and Establishments Act serves as a crucial legal framework for maintaining fair and conducive working conditions within shops and commercial establishments. By addressing women workers’ unique needs and concerns, the Act plays a pivotal role in creating a safe and equitable workplace that respects their rights and well-being.

CONCLUSION:

In conclusion, the legal landscape surrounding women’s rights in the workplace is for the progress society has made in acknowledging and safeguarding the fundamental rights of working women. The five key laws discussed in this article – the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, the Maternity Benefit Act, the Equal Remuneration Act, the Factories Act, and the Shops and Establishments Act – collectively form a comprehensive framework that aims to ensure gender equality, safety, and dignity for women in their professional lives.

Every working woman must be aware of these laws, as they provide the necessary tools to challenge discriminatory practices, advocate for equal pay, seek protection from harassment, and maintain a work-life balance. These legal provisions reflect the commitment of governments to create an inclusive and just work environment for women.

As we move forward, these laws must continue to evolve and adapt to the changing needs and challenges faced by working women. By promoting awareness, enforcing compliance, and supporting a culture of equality, we can ensure that these laws effectively empower working women.

_________________________________________________________________________________________________________

This article is written and submitted by Advocate Surya Kumar and you can reach out to the author at surya@bnblegal.com.