There has been a growing recognition of the need to create inclusive and safe work environments for women in recent years. While societal attitudes play a crucial role, legal frameworks are the backbone that ensure fairness, protection, and empowerment for women in the workforce. In India and many parts of the world, several legal provisions exist to safeguard women’s rights at the workplace. Here's a comprehensive look at the key legal provisions that every working woman—and employer—should be aware of.
1. The Equal Remuneration Act, 1976
This act mandates that men and women receive equal pay for equal work and prohibits discrimination based on gender in matters of wages and recruitment. Employers are legally bound to ensure parity in salaries and are prohibited from reducing a woman’s pay to match a lower salary paid to a man in a similar role.
2. The Maternity Benefit Act, 1961 (Amended in 2017)
The Maternity Benefit Act provides for maternity leave and benefits to women employees. As per the latest amendment:
- Women are entitled to 26 weeks of paid maternity leave for the first two children.
- For subsequent children, 12 weeks of leave is granted.
- Women adopting a child below 3 months of age or commissioning mothers are entitled to 12 weeks of leave.
- Employers with more than 50 employees are mandated to provide crèche facilities.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Commonly known as the POSH Act, this legislation is crucial in ensuring a safe work environment. Key features include:
- Mandates every employer to constitute an Internal Complaints Committee (ICC) at the workplace.
- Defines sexual harassment and lays down the process for complaints and inquiries.
- Requires companies to conduct awareness programs and include POSH compliance in their annual reports.
4. Factories Act, 1948
The Factories Act includes several provisions for the welfare and safety of female workers in factories. Key provisions include:
- Restrictions on night shifts (between 7 PM and 6 AM) unless proper safety measures and consent are in place.
- Mandatory provisions for separate restrooms, canteens, and childcare facilities.
- Ensures health, safety, and hygiene in work environments where women are employed.
5. Employees’ State Insurance Act, 1948
Under this act, insured women workers are entitled to maternity benefits, medical care, and sickness benefits during pregnancy. This applies to workers in the organized sector earning below a certain threshold.
6. The Code on Social Security, 2020
This comprehensive code consolidates various social security laws, including maternity benefits, provident funds, and employee compensation. It aims to provide universal social security coverage to workers across sectors, including gig and platform workers, thereby extending certain protections to women in unorganized employment.
7. The Indian Penal Code (IPC) – Sections 354 & 509
These sections offer legal recourse against acts of outraging the modesty of a woman (Section 354) and insulting the modesty of a woman through words or gestures (Section 509). These laws apply to workplace harassment and act as a deterrent against offensive behavior.
8. Reservation and Representation Laws
Government initiatives such as 33% reservation for women in government jobs in some states, and gender quotas on company boards under the Companies Act, 2013, aim to enhance female representation in leadership and decision-making roles.
Conclusion
Legal provisions play a pivotal role in building a gender-equal workforce. However, laws alone are not enough—awareness, implementation, and cultural change are equally vital. Employers must actively promote diversity and inclusivity while ensuring that the legal rights of women employees are upheld. For women, knowing these rights is the first step toward asserting them.
