Women’s Rights under Labour Laws

Presented by

PRANESHWARAN V JVice Principal

CMR Law School

LABOUR LAWS

Workers are being Subject to exploitation and discrimination and their human rights being violated Labour laws are enacted for the protection and security of workers.Women form a major percentage.

WORKING WOMEN

Amongst workers, the conditions of working women is particularly vulnerable.

They need equal treatment and special protection under the law.

LABOUR WELFARE LEGISLATIONS ARE OF TWO KINDS.

The first category contains those statutory enactments which provide measures for all workers and may contain special provisions for the welfare of women workers.

The second category contains those statutory enactments which are exclusively for women workers, e.g. the Maternity Benefit Act, 1961, the Equal Remuneration Act, 1976 and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 20

THE EMPLOYEES’ STATE INSURANCE ACT, 1948

Guarantees good medical care to workers and their immediate dependents Applies to factories and establishments where 10 or more persons are employed.wage limit for coverage is Rs. 15,000/- per monthUnder the ESI Scheme Benefits are available both to the employers and employees

THE EMPLOYEES’ STATE INSURANCE ACT, 1948

Employers are absolved of all liability, of providing medical care to employees. Employers are exempted from the applicability of the: Maternity Benefit Act, 1961 & Employees Compensation Act, 1923

THE EMPLOYEES’ STATE INSURANCE ACT, 1948

There are two types of Benefits to employees

Cash Benefit SICKNESS AND DISABLEMENT DEPENDANT BENEFIT MATERNITY BENEFIT FUNERAL EXPENSES

Medical Benefit There is no cap for the Medical Benefit

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A social security legislation to provide for a provident fund, family pension and insurance to employees. Provident Fund Benefits (EPF) Pension Benefits (EPS) Death Benefits (EDLI)

EPF is probably the most important social security legislation in India.

The Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952

APPLICABILITY Applies to all factories and

establishments in which 20 or more are employed

EPF is now mandatory to all those whose salary is less than Rs.15,000

Continuity of application

PAYMENT OF GRATUITY ACT, 1972

Gratuity means a lump sum payment made by an employer as a reward for his past service

Provides for the payment of lump sum when the employee resigns or retires, or services are terminated

Continuous service of 5 yrs(not necessary incase of death or disablement)

Incase of death ,the amount shall be paid to nominee or legal heir

Time limit- Within 30 days of gratuity becoming payable Maximum Amount- shall not exceed Rs. 10,00,000

Gratuity is payable

THE INDIAN FACTORIES ACT OF 1948

• Provides for the health, safety and welfare of the workers.

• The act also make provisions regarding employment of women.

Applies to every factory wherein 10 or more workers are or were employed, if run with power and 20 or more workers are or were employed, if run without power.

And where manufacturing process happens

PROVIDES FOR Hours of work (adult) not to exceed 48 hours in a week or 9

hours in a day.

Payment of Overtime wages @ twice the ordinary rate

Weekly Holiday: No work for more than 10 days without a day of rest.

Intervals of rest: half an hour for 5 hours of work

No child (<15 years) be permitted to work.

Prohibition of employment of Women: for more than 9 hours in any day or between 7 pm and 6 am.

FACTORIES ACT NOW ALLOWS WOMEN TO WORK NIGHT SHIFTS

PROVIDED Adequate safeguards in the factory as

regards occupational safety and health Equal opportunity for women workers Adequate protection of their dignity,

honor and safety and their transportation from the factory premises to the nearest point of their residence" are made.

HEALTH

Cleanliness Proper Disposal of waste & effluents Adequate Ventilation & temperature Exhaust - Dust & fume Artificial humidification Prevent Overcrowding Proper Lighting Drinking water Separate Washrooms Spittoons

SAFETY

Fencing of machinery Striking gear and devices for cutting off

power Prohibition of employment of women and

children near cotton-openers Hoists, Lifts, chains, ropes and lifting tackle Cover Revolving machinery Cover Pits, sumps, openings in floors, etc Prohibition to carry Excessive weights Protection of eyes Precautions in case of fire

WELFARE

Washing facilities Facilities for storing and drying

clothes Facilities for sitting First aid appliances Canteens Shelters, rest rooms and lunch

rooms Crèches Welfare officers

PAYMENT OF WAGES ACT, 1936

An Act to regulate the payment of wages to certain classes of persons

Responsibility of payment wages rests with the employer

Employer to fix Wage Period

No wage period shall exceed one month.

TIME OF PAYMENT OF WAGES

7th day of wage month where less than 1000 are working

10th day where more than 1000 are working

No payment in KIND

PERMISSIBLE DEDUCTION FROM WAGES

fines for absence from duty for damage caused to the property of

the employer for the amenities provided, like house

accommodation for recovery of advance or adjusting

over payment of wages towards EPF, ESI, Labour Welfare Fund

and similar deductions permitted under any Act or the Standing Orders of the establishment

for Life Insurance/ general insurance policies and Housing loan.

THE EMPLOYEES’ COMPENSATION ACT, 1923

To provide Relief to Workmen and/or their Dependants if workmen Dies or is Disabled due to accidents arising out of and in the course of employment

Imposes liability upon an employer to discharge towards employees when they suffer from any physical disabilities or diseases or death during the course of employment in hazardous working conditions.

APPLICABILITY Applicable to: - Mines - Factories - Plantations - Transport Establishments - Construction Works - Railways - Ships - Circuses

Not applicable to: - Members of armed forces of union - Employees covered by ESI Act, 1948. (Dependent’s benefits available) - Casual Workers & workers employed otherwise than for employer’s

trade or business

Employees Compensation Act, 1923

Provides Compensation in case of - Death, Disablement - Permanent Total, - Permanent Partial , - Temporary Partial, - Temporary Total

THE INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946

Object

- To minimize Industrial conflict - To foster harmonious relation

between employers & employee - Defines the terms and conditions of

service between the employer and his employees.

MODEL STANDING ORDERS

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT 1986

Child: means a person who has not completed his 14th year of age. Employment of child as a domestic worker or servant; Employment of child in dhabas, restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres

THE MATERNITY BENEFIT ACT, 1961

Applies to every factory, shop or establishment

Woman entitled to maternity benefit

EMPLOYER TO ENSURE…… No woman works during the six weeks

immediately following the day of her delivery or her miscarriage

No woman does any arduous work during the period of ten weeks from the expected date of delivery

Not to discharge or dismiss a woman during her pregnancy

BENEFITS

12 weeks leave of which not more than 6 weeks shall precede the date of her expected delivery

The benefit to be paid @ average rate of wages for the three months preceding her maternity leave

In case of miscarriage, 6 weeks leave with pay at the same rate as applicable to maternity benefit.

THE EQUAL REMUNERATION ACT, 1976

Act provides for the payment of equal remuneration to men and women

Act makes it obligatory on the part of employer to pay equal remuneration to men and women workers for same work or work of a similar nature.

In order to make the wages equal, prevailing wages shall not be reduced but the higher rate shall be maintained.

NO DISCRIMINATION

No discrimination while making recruitment for the same work or work of a similar nature, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.

No discrimination in any condition of service subsequent to recruitment such as promotions, training or transfer.

SEXUAL HARASSMENT OF WOMEN

Vishaka vs. State of Rajasthan, 1997

Supreme Court acknowledged that:

Sexual harassment is a human rights violation

Sexual harassment is a violation of the constitutionally guaranteed fundamental rights:

There is a need for guidelines to fill the legislative vacuum

VISHAKA’S CASE Employer’s duty to

Prevent and prohibit acts of sexual harassment Article 21: Right to life - to live with dignity

Redress and resolve grievances pertaining to sexual harassment

The Guidelines = Law, until such time a legislative frame work on the subject is enacted

The Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013

OBJECTIVES OF THE ACT

Protection against sexual harassment of women at workplace

Prevention

Redressal of complaints of sexual harassment

SEXUAL HARASSMENT Sexual harassment includes any one or

more of the following unwelcome acts or behaviour

Physical contact and advances, or A demand or request for sexual favours, or Making sexually coloured remarks, or Showing pornography, or Any other unwelcome physical, verbal, non

verbal conduct of sexual nature

INCLUDES ….. promise of preferential treatment threat of detrimental treatment threat about her present or future

employment status, Interference with her work or creating an

intimidating or offensive or hostile work environment for her,

Humiliating treatment likely to affect her health or safety

WORKPLACE Includes any department, organization,

undertaking, establishment, enterprise, institution, office, branch or unit

Any sports institute, stadium, sports complex or competition or games venue,

Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey

Virtually any place

DUTIES OF THE EMPLOYER Employer shall provide a safe working Display at any conspicuous place in the workplace,

the penal consequences of sexual harassments Constituting the Internal Complaint Committee

(ICC) Provide assistance to the woman if she chooses to

file a complaint under IPC or any other law Treat sexual harassment as a misconduct under

the service rules Monitor the timely submission of reports by the ICC

INTERNAL COMPLAINT COMMITTEE Presiding Officer : One : a woman

employed at a senior level Members : not less than two : Member : One : from amongst non

governmental organizations or associations committed to the cause of women

At least one half of the total members shall be women.

RECOMMENDATIONS OF ICC Transfer the aggrieved woman Grant leave upto a period of 3 months recommend to the employer to take action for

sexual harassment as a misconduct Recommend compensation To deduct from the salary such sum to be paid

to the aggrieved woman or to her legal heirs If allegation is malicious, it may recommend to

the employer to take action against the woman