Maternity benefit As per the Code on Social Security, to be eligible for maternity benefits, a woman must have worked in an establishment for at least 80 days in the 12 months immediately preceding the expected delivery. Eligible women receive maternity benefit equal to their average daily wages for the duration of the leave. The maximum period of maternity leave is 26 weeks, of which up to 8 weeks may be taken before the expected date of delivery. Additionally, a woman who legally adopts a child below three months of age, or a “commissioning mother” (a biological mother who uses surrogacy), is entitled to 12 weeks of maternity benefit from the date of adoption or from the date the child is handed over. Work from home In case the work assigned to a woman is of such a nature that she may work from home, the employer may allow her to do so, after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. Simplification of certification for proof of delivery, etc. Proof of maternity-related conditions such as pregnancy, delivery, miscarriage, medical termination of pregnancy, tubectomy operation, or illness arising from such events may now be furnished through a form issued by: a registered medical practitioner, an accredited social health activist (ASHA), a qualified auxiliary nurse, or a midwife. This provision, under Code on Social Security, simplifies the certification process, which under the Maternity Benefit Act, 1961 can only be obtained from a registered medical practitioner or a hospital or midwife. Medical bonus If the employer does not provide free pre-natal confinement & post-natal care, the woman is entitled to a medical bonus of ₹3,500. Provision of Nursing breaks After resuming duty post-childbirth, a woman is entitled to two breaks during her daily work for nursing the child until the child attains the age of 15 months. Crèche facility In every establishment where 50 or more workers are employed, there must be a crèche facility either separate or common within a prescribed distance. The employer must allow four visits a day by the woman to the crèche which includes the rest intervals. This provision—under Code on Social Security and Occupational Safety, Health and Working Conditions, 2020—supports working women with children below the age of 6 years. Crèche facilities support working mothers by enabling childcare at the workplace, helping women balance work and family. Boost to female labour force participation Women workers can work in all establishments for all types of work. They may also work at night, i.e. before 6 a.m. and beyond 7 p.m, with their consent, and the employer is required to make adequate arrangements for their safety, facilities, and transportation. Allowing women to work across all establishments, including night shifts with necessary safety measures, promotes gender equality, expands employment opportunities, and supports higher female participation in the workforce. Prohibition of Gender Discrimination Employers shall not discriminate on ground of gender in matter relating to recruitment, wages, or conditions of employment in respect of the same work or work of a similar nature done by employees. Such a provision under Code on Wages, 2019: Ensures equal pay for equal work, removing unfair wage disparities based on gender. Expands protection to cover not just wages, but also recruitment and employment conditions, ensuring fairness throughout the employment. Promotes workplace equality, giving women and men the same opportunities in hiring, pay, and treatment. Women’s Representation on Advisory Boards One-third members in the Central/State Advisory Board shall be women. Central/State Advisory Board shall give advice on fixation or revision of minimum wages, providing increasing employment opportunities for women, the extent to which women may be employed in such establishments or employments. This ensures women’s voices in policy-making, leading to more inclusive and balanced employment policies. It helps design policies that increase employment opportunities for women, promoting gender equality in the labour market. Representation of Women in the GRC The Industrial Relations Code 2020 mandates adequate representation of women in the Grievance Redressal Committee (GRC), not less than their proportion in the total workforce of the establishment. Ensures women workers have a fair voice in workplace dispute resolution. Women’s perspectives help address issues more comprehensively and sensitively. Women employees feel more secure raising concerns when represented by peers. Matters such as workplace harassment, maternity rights, and safety can be better handled. Balanced representation fosters fairness, reducing discrimination and conflicts. Bonded labour What is bonded labour? Any arrangement under which a debtor or his dependents have to work for the creditor without wages in order to extinguish the debt is bonded labour and is banned by law System of beggar or other forms of forced labour is an offence under Bonded Labour System (Abolition) Act, 1976 If any such system is existing then it must be reported to the District Magistrate /any social worker/NGO/ SC-ST Officer/local vigilance committee which is at district and each sub-division. Characteristics of the Bonded Labour System Bonded labour system means the system of forced or partly forced labour under which a debtor enters, or is presumed to have entered into an agreement with the creditor to the effect that – In consideration of an advance obtained by him or by any of his lineal ascendants or descendants [whether or not such advance is evidenced by any document] and in consideration of the interest, if any, due on such advance or . . He would render, by himself or through any member of his family or any person dependent on him, labour or service to the creditor or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages or Forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period or Forfeit the right to move freely throughout the territory of India or Forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him. To detect bonded labour, some of the questions, which need to be addressed to the employers, are Whether the various Labour codes are being observed. Whether the registers are being maintained Whether the Employer is registered under the required law. Child Labour Children need to grow in an environment that enables them to lead a life of freedom and dignity. Opportunities of education arid training are to be provided for them to grow in to worthy citizens. Unfortunately a large proportion of children are deprived of their basic rights. They are found working in various sectors of the economy particularly in the unorganized sector. Some of them are confined and beaten, reduced to slavery or denied freedom of movement thus making child labour a human rights issue and a developmental issue. Definition of a Child Article 1 of The United Nations Convention on the Rights of the Child defines a child as anyone below the age of eighteen years. The Child Labour (Prohibition and Regulation) Act 1986 defines child as "a person who has not completed his fourteenth year of age." Meaning of Child Labour 'Child labour' is defined as any work within or outside the family that involves time, energy, commitment, which affects the ability of a child to participate in leisure, play and educational activities. Such work impairs the health and development of a child. According to the International Labour Organization, "child labour includes children prematurely leading adult lives, working long hours for low wages under conditions damaging to their health arid to their physical and mental development." They are often separated from their families arid deprived of meaningful education and training opportunities that would offer them a better future All children in the age-group of 6- 14 years, who should actually be in school but are out of school, are deemed to be actual or potential child labourers. Child labour in India is much of a rural phenomenon than urban. 90.87 percent of the working children were found to be in the rural areas and 9. 13 per cent were in the urban areas. Adverse Effects of Child Labour on the Health of Children Children work for long hour’s often in dangerous and unhealthy conditions and are exposed to lasting physical and psycho1ogica harm. They tend to develop Respiratory problems such as asthma, tuberculosis General weakness, stunted growth, body ache and joint pains Poor eyesight and other eye problems such as watering, irritation and reddening of eyes Loss of appetite Tumors and burns Disability by working on looms Susceptibility to arthritis as they grow older Mental disabilities Salient Features of the Child Labour (Prohibition and Regulation) Act, 1986 Prohibits/bans the employment of any person who has not completed his fourteenth year of age in occupations arid processes enlisted in Part A arid B of the Schedule of the Act. Lays down a procedure to decide modifications to the Schedule of banned occupations or processes Regulates conditions of work where children are not prohibited from working Lays down enhanced penalties for employment of children in violation of the provisions of the Act and other Acts Section 14 of the Act provides for punishment upto i year (minimum being three months) or with fine upto Rs. 20.000/- (minimum being ten thousand) or with both, to one who employs or permits any child to work in contravention of provisions in Section 3 Children employed in occupations and processes, not banned by the Act are regulated by the following provisions: A child shall not be required to work for more than six hours a day which shall be inclusive of his/her half an hour break. No child shall be permitted or required to work between 7 p.m. and 8 a.m. No child shall be required or permitted to work overtime. Every child shall get a weekly off. There is an obligation on the part of the employer to furnish information to the inspector regarding the employment of children. It is mandatory for the employer to maintain a register on this matter. Source: National Commission for Women