Key Provisions for Women Workers under various Labour Laws

The labour laws in India cover a wide range of provisions to address various aspects of employment and to safeguard the rights and well-being of women workers. An overview of various key provisions for women workers is covered below.

Welfare provisions

• The Factories Act, 1948 (Chapter V) incorporates provisions to ensure the welfare of women workers. These include the establishment of canteens, restrooms, first aid boxes, facilities for sitting, washing, storing, and drying cloths, and crèches for women workers within the factory premises. These welfare measures aim to provide a favorable and comfortable working environment for women, addressing their specific needs for health, hygiene, and childcare. 
• The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, mandates comprehensive welfare measures for women construction workers. These measures include provisions for first aid facilities to address immediate health needs, the availability of clean, accessible, and separate toilets to ensure sanitation, the establishment of canteens to provide food during working hours, the provision of crèches for the childcare, and the provision of restrooms to facilitate a comfortable working environment. The Act enhances the overall well- being and working conditions of women construction workers by ensuring access to essential amenities and services at construction sites. (Under BOCW cess fund, there is provision of Maternity benefit. This may also be added). 
• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 requires that every industrial premises where female employees more than the specified number are ordinarily employed, a suitable room or rooms for the use of children under the age of six years of such female employees shall be provided and maintained. Such room(s) shall be provided with adequate accommodation, be adequately lighted and ventilated, maintained in a clean and sanitary condition and be under the charge of women trained in the care of children and infants.
• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) also has a welfare provision for children accompanying the women working under MGNREGA. The Act states that in case the number of children below the age of six years accompanying the women working at any site is five or more, provisions shall be made to depute one of such women workers to look after such children.
• The Maternity Benefit Act, 1961 provides maternity benefits to women employees. This act was amended in 2017.  The key highlights of Maternity Benefit (Amendment) Act, 2017:
  
  • Increase in Maternity leave Paid maternity leave increased to twenty-six weeks
  • Applicable to businesses with more than ten employees, whether in the organized or unorganized sector.
  • Both adoptive mother (women who lawfully adopts a child under the age of three months) and commissioning mother shall be eligible for  maternity benefit for twelve weeks
  • Every business with 50 (fifty) or more employees must have a mandates creche facility. This crèche is intended to cater to the needs of children, ensuring a convenient and safe space for working mothers to leave their children during working hours.
  • An employer may allow a woman to continue working from home beyond the Maternity Benefit period
• The Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 mandated for separate latrines and urinals, separate washing facilities, creches and accommodation for migrant workers. 

Health provisions

• The Maternity Benefit Act, 1961, is a crucial legislation that ensures the health and well-being of women workers throughout pregnancy and childbirth. This act facilitates not only maternity leave but also emphasizes the provision of nursing breaks for women employees. These breaks are designed to allow mothers to attend to the needs of their infants, promoting breastfeeding and maternal care. Employers are required to provide these facilities and breaks to support the overall health and well-being of women.
• The Factories Act, 1948 (Chapter III)mandates comprehensive health measures in factories, with specific provisions catering to the well-being of women workers. It outlines stringent requirements for maintaining cleanliness, ventilation, lighting, drinking water, and sanitation facilities to create a healthy and conducive working environment specifically for women. The Act necessitates the appointment of a qualified medical practitioner dedicated to addressing the unique health needs of employees. Furthermore, it imposes the obligation of periodic health check-ups tailored specifically to address the health concerns and conditions affecting women workers, ensuring their overall well-being within the industrial setting.

Safety Provisions

• The Factories Act, 1948 (Chapter IV) specifies safety measures for women workers, encompassing restrictions on working near cotton openers, prohibition from cleaning, lubricating, or adjusting any part of a machine while it is in motion, and not allowing them to lift excessive weights. In addition to these specific provisions, the Act also mandates generic safety measures applicable to both women and men workers, including the fencing of machinery near which they work, regulations for work on or near machinery in motion, and precautions against hazardous processes.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, plays a pivotal role in fostering a safe and secure working environment by actively preventing and addressing instances of sexual harassment in the workplace, which indirectly contributes to enhancing women’s participation in the workforce. One of its key provisions is the mandatory creation of Internal Complaints Committees (ICCs) within organizations. These committees are responsible for addressing complaints related to sexual harassment and ensuring a fair and confidential process for redressal. The ICC comprises both internal and external members, including a presiding officer, representatives from among employees, and a member from a non- governmental organization or association committed to women’s rights. The Act outlines the procedures and timeframes for the resolution of complaints, promoting a workplace culture that prioritizes the dignity and well-being of women employees. The POSH act also mandates that the district administration must constitute a Local Complaints Committee (LCC) in each district to focus on cases where the complaints are lodged against the employer themself or in case of units with less than 10 employees where ICC is not constituted.

Social Security Provisions

• The Employee State Insurance (ESI) Act, 1948, extends comprehensive social security benefits to both women and men workers. It ensures their well-being by providing various benefits, including medical and cash benefits in instances of sickness, maternity, disablement, or death. The cash benefit ensures that women workers, in particular, receive support and financial assistance during periods of sickness and maternity. Under this Act, registered employees, including women workers, and their dependents are entitled to medical benefits. These benefits cover the costs of medical care, including outpatient and inpatient treatment, maternity care, and related services.
• The Employees’ Provident Funds (EPF) and Miscellaneous Provisions Act, 1952 ensures the establishment of a provident fund for social and financial security and retirement benefits for all eligible employees, regardless of gender. The Act applies to both women and men workers, providing them with a savings mechanism to accumulate funds for retirement. Under this Act, both the employer and the employee make contributions to the provident fund, creating a pool of savings that can be utilized by the employee upon retirement, or in case of certain contingencies such as disability.

Provisions Related to Wages

• The Payment of Wages Act, 1936, plays a pivotal role in safeguarding the rights of workers especially for women workers by specifying the timing and mode of wage payments. This act outlines the frequency of wage disbursement, ensuring that employees receive their wages regularly and in the prescribed manner. By providing a legal framework for wage payments, the act promotes financial stability for workers, particularly important for women supporting themselves and their families
• The Minimum Wages Act, 1948, is a crucial piece of legislation that ensures the fixation and periodic revision of minimum wages for various categories of employment. This ensures that every worker, regardless of gender, receives remuneration commensurate with the nature of their work, skills, and prevailing economic conditions. The Act helps establish a baseline standard of living for labourers and seeks to prevent exploitation by setting a floor wage that employers must adhere to that prevents exploitation and guarantee that women receive fair remuneration for their work.
• Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976, is a significant legislation designed to  eliminate gender-based wage discrimination. This act prohibits any form of discrimination in wages based on gender and emphasizes the principle of equal pay for equal work and ensures women receive the same remuneration for identical or similar work. The Act promotes fairness, nondiscrimination, and equal opportunities for both male and female workers, fostering a more equitable work environment.

Provisions Related to Industrial Relations

• Trade Unions Act, 1926: Recognizes and upholds the right of workers to freely form and actively participate in trade unions, enabling collective bargaining activities. The Act ensures that all workers have equal opportunities to voice their concerns, contribute to negotiations, and participate in union activities, thereby promoting gender inclusivity within the trade union framework
• Industrial Disputes Act, 1947: Specifically addresses the rights and concerns of all workers by providing comprehensive mechanisms for the settlement of industrial disputes. The Act outlines procedures that cater to the unique needs and circumstances of women, including provisions related to their job security during maternity periods. Additionally, it establishes regulations governing layoff procedures, ensuring that women workers are protected from discriminatory practices.

Provisions Related Working Hours

• The Factories Act, 1948 (Chapter VI) comprehensively regulates working hours and ensures provision for weekly holidays, intervals for rest, and overtime pay to all factory workers. Specifically addressing the needs of women workers, it imposes restrictions on their employment during certain hours, particularly during the night. Furthermore, the Act recognizes the importance of the well-being of workers by providing provisions for compensatory holidays.
• Under state-specific Shops and Establishments Acts, which govern working hours and conditions in shops and other commercial establishments, further provisions of this act also address the specific needs and concerns of women employees. These provisions include considerations for rest intervals, suitable working conditions, and other safeguards to promote the overall health, safety, and welfare of women workers in shops and other commercial establishments

New Provisions under Various Labour Codes

• The Occupational Safety, Health, and Working Conditions Code, 2020, incorporates provisions to address the occupational safety, health, and welfare of workers including women workers. It emphasizes creating a secure and healthy working environment, considering the unique health considerations of women. The code includes provisions aimed at promoting the well-being of women, such as mandatory health checkups. Employers are required to facilitate free-of-cost health checkups on an annual basis for all workers. The Occupational Safety, Health and Working Conditions Code, 2020 Provisions 
  for Night Work - In order to promote women's employment in India, the law allows consenting women to work at night, subject to any safety, holiday, and work schedule restrictions that the appropriate government may impose.
  
  • Hazardous occupation : A government may, in the prescribed manner, require an employer to provide adequate safeguards before hiring women for an operation if it determines that hiring women poses a risk to their health and safety in that establishment due to the operation conducted there 
  • Transportation Facility : Transportation for female employees is covered under the Act; the employer is required to offer a 
    pick-up and drop-off service
  • Creche Facility : According to the provisions, the Central Government may issue regulations to provide for the availability of a creche or rooms for the use of employees' children under the age of six at a suitable location and distance, either separately or in addition to shared facilities, in establishments where more than fifty workers are typically employed.
• The Code on Wages, 2019, serves as a comprehensive and streamlined framework for labour laws about wages. It encompasses all categories of employees, including those who are in contractual, casual, and temporary work. This code underscores the principles of gender equality and nondiscrimination by explicitly prohibiting wage disparity based on gender. It establishes the principle of equal remuneration for both women and men engaged in the same work or work of a similar nature, thereby promoting fairness and equity in the realm of remuneration
• The Code on Social Security, 2020, was formulated with the primary objective of consolidating laws related to social security, aiming to extend comprehensive social security coverage to all workers. This code places a strong emphasis on the universalization of social security benefits. Notably, the code ensures the extension of these benefits to all workers, including gig workers and platform workers, marking a significant stride in guaranteeing the rights and protection of workers in the unorganized sector. It is especially noteworthy that women in the unorganized sector now have access to social security rights. The code also emphasizes inclusivity across all sectors of employment under the Employees’ State Insurance Scheme, notably extending its benefits to plantation workers. This provision is particularly beneficial for women engaged in tea and coffee plantations, providing them with essential support and ensuring their well-being.
• The Industrial Relations Code, 2020 aims to consolidate laws relating to industrial relations. The code introduces the concept of fixed-term employment and sets rules for the retrenchment of workers. The code emphasizes on fair representation of women in the Grievance Redressal Committee and mandates that representation should be proportionate to the number of women workers in relation to the total workers employed in the establishment. The aim is to ensure that women have a meaningful role and participation in resolving individual workplace disputes.

These provisions collectively aim to establish a supportive and secure working environment for the specific needs and challenges of women workers. The comprehensive measures include restrictions on night shifts, provisions for suitable seating arrangements, and facilities for personal hygiene, acknowledging the distinctive requirements of women in the workforce. Employers are essential stakeholders in creating a workplace that prioritizes the well-being and equitable treatment of women workers. Employers must be well-informed about and strictly adhere to these provisions, fostering an atmosphere that safeguards the health, safety, and dignity of women in the workplace.

Source : Advisory for employers to promote women workforce participation