5 laws every working woman should know about

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

Laws for the Protection of the Working Woman

There are several laws which exist as on date, which provide benefits and security to all employees (whether male to female). However, for this article we will touch upon a few of the important laws:

The main objective for passing these laws are to enable women to increase their efficiency, and encourage more women to come out of the confines of their home, and look at a brighter future for themselves, and also assist and aid in the growth of this country. 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.

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.       

1. The Factories Act stipulates the daily and weekly hours of work for all adult workers. It also provides for overtime pay to workers who work beyond the prescribed hours of work.
2. It also contains provisions pertaining to intervals or rest period during a working day, weekly off, annual leave, etc.
3. Generally in factories it is observed that work happens on a shift basis, and there are requirements for workers to work during night shifts. However, night shifts require 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. 
4. 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.
5. 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.
6. 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.
7. The Factories Act also stipulate the employers employing 30 or more women workers to provide for cheches for children of the women workers, aged 6 years and below.
8. 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), rest- rooms 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 1^st 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 managements to ensure security of women working in night shifts.

The Maternity Benefit Act, 1961 (“Maternity Benefit Act”)

The Maternity Benefit Act is an Act to regulate the employment of women in every factory, plantation or mine, irrespective of the number of employees, and to all shops and establishments employing or having employed 10 persons or more. The Maternity Benefit Act was enacted to bring a uniform code for maternity benefit to women workers across industries. The Act provides for inter alia the following benefits:

1. 12 weeks paid maternity leave and benefit for any female employee, who has worked for an employer for more than 80 days in the 12 months immediately preceding the delivery date. The benefit for 12 weeks as stipulated under law, of which not more than 6 weeks should precede the date of her expected delivery.
2. 1 month’s paid leave where a female employee suffers from any illness arising out of pregnancy, delivery or miscarriage.
3. A female employee is also entitled to medical bonus Rs. 2500 to Rs. 3500, if no pe-natal confinement and post- natal care was provided by the employer.
4. If a woman dies during child birth, the maternity benefit will be payable for the days up to and including the day of her death. In the event the child also dies post the death of the mother, then the benefit should be paid till the date of the death of the child.
5. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance, upon the employee showing proof that she is pregnant, and the amount due subsequent to delivery to be paid within 48 hours of the proof shown by the employee that she has delivered.
6. In the event of the death of the employee due to child birth, the maternity benefit must be given to the person nominated by the employee, and in the absence of a nominee to her legal heirs.

There are certain restrictions imposed on the employers which are as follows:

1. No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery, or miscarriage or medical termination of pregnancy.
2. No woman shall work in any establishment during the six weeks immediately following the day of her delivery, or miscarriage or medical termination of pregnancy.
3. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer any arduous nature, or which involves long hours of standing, or which is any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
4. When a female employee is on her maternity leave, the employer cannot terminate her services.

Women and Child Development Minister, Maneka Gandhi, has been rallying for a while to increase the maternity leave from the current 12 weeks to 8 months, which will enable the mothers to take better care of their new-borns. The Labour Ministry is proposing to increase it to 6 months, however, Maneka Gandhi is insistent on 8 months. Only time will tell what the Labour Ministry finally proposes, but whichever way, this will hugely benefit female employees.

The Equal Remuneration Act, 1976 (“Equal Remuneration Act”)

We time again come 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,

1. Employers shall pay equal remuneration to its male and female employees who are carrying out the same or similar work.
2. Employers cannot discriminate between men and women while recruiting, unless there is a restriction under law to employ women in certain industries

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

Sexual harassment at workplace 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 workplace sexual harassment and enforce the right to gender equality of working women (“Guidelines”). Till the enactment of the SHA, organizations were expected to   follow the Guidelines, but in most instances, they fell short. The enactment of the SHA 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;

1. physical contact and advances,
2. demand or request for sexual favours,
3. sexually coloured remarks,
4. showing pornography,
5.  or any other unwelcome physical verbal or non-verbal conduct of sexual nature.

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

1. providing a safe working environment,
2. display conspicuously at the workplace, the penal consequences of indulging in acts that may constitute sexual harassment and the composition of the ICC,
3. organize workshops and awareness programmes at regular intervals for sensitizing employees on the issues and implications of workplace sexual harassment and organizing orientation programmes for members of the Internal Complaints Committee,
4. treat sexual harassment as a misconduct under the service rules and initiate action for misconduct.

Shops and Establishments Acts (“SEA”)

The State Governments enact their respective shops and establishments act, regulates the working conditions of employees in a shop or commercial establishment. The SEAs provide for various provisions including provisions pertaining to (a) notice period for termination, (b) leave entitlement, and (c) working conditions like weekly working hours, weekly off, overtime, etc.

The Maharashtra Shops and Establishment Act, 1948 (“MSEA”) is the applicable law in case of establishments in the state of Maharashtra and while the Delhi Shops and Establishment Act, 1954 is the applicable legislation in case of establishments based in the state of Delhi. 

However, due to the nature of work of certain industries, they may require their female employees to work beyond the prescribed limits, for which they will need to take prior permission from the authorities. The approvals for allowing women to work late nights always comes with special conditions and obligations, on the part of the employer, such as, providing a safe working environment, providing adequate security during the night hours, provide transport to their residence after the late working hours, women employees should be placed in a group while working at nights and not alone, etc. The IT sector has seen an exponential growth in the recent past and this sector is one which typically has a huge manpower. We see equal number of men and women working in the IT sector, and they work late in to the nights for their shift work, due to catering to countries across the globe, with varied time difference. In order to address the safety of women workers in this sector, apart from the provisions under the SEA, the State Governments have their independent IT/ITES policies, which address the issues of women working night shifts and the various measures to be undertaken by the employer to ensure their safety.

Other Enactments

Apart from the laws discussed above, there are other laws for the welfare and safeguard of employees. Additionally, women employees must also be aware of various enactments which provide for social security for employees such as, the Employee’s Provident Fund & Miscellaneous Provisions Act, 1952; The Employee’s State Insurance Act, 1948; Payment of Gratuity Act, 1972; Payment of Bonus Act, 1965, etc.

By Deblina Sen
Founder, Advent Juris

Deblina is the founder of Advent Juris. She has been enrolled with the Bar Council of Maharashtra & Goa since 2006. She was previously working with a reputed law firm in Mumbai as a Senior Associate in their corporate department. She has wide experience in corporate laws, and her practice areas include capital markets, employment, general corporate and commercial law in India.

Disclaimer
This article is for general interest purposes and may not be construed as legal advice. We cannot assume legal liability for any errors or omissions. Specific advice must be sought before taking any action pursuant to this article.

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