Ministry of Labour and Employment (“Ministry”) has issued an Advisory for employers, aimed at fostering gender equality and increasing participation of women in the workforce as part of a broader strategy to promote gender equality and women’s workforce participation. This is with a view to advance gender equality and boost women’s participation in the workforce, thereby reinforcing women’s empowerment. The Ministry has emphasised on striking a balance between employment and caregiving responsibilities, ensuring representation of women in managerial roles, and eradicating gender bias in recruitment, promotion, and performance evaluations.
Key Highlights:
Various statutory compliance obligations have been reiterated in the Advisory which includes the following:
1. Welfare provisions:
Factories Act, 1948: Provisions relating to crèches for women workers within the factory premise, canteens, restrooms, first aid boxes, facilities for sitting, washing, storing, and drying cloths;
Building and Other Construction workers (Regulation of Employment and Conditions of Service) Act, 1996: Provisions relating to first aid facilities to address immediate health need of women construction workers, 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;
Beedi and Cigar Workers (Conditions of Employment) Act, 1966: Provisions relating to maintaining suitable rooms for the use of children under the age of six years of female employees;
Maternity Benefit Act, 1961: Provisions relating to maternity leave for 26 weeks and crèche facilities where 50 or more women are employed;
Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980: Provisions relating to separate latrines and urinals, washing facilities, crèches and accommodation for migrant workers.
2. Health provisions:
Maternity Benefit Act, 1961: Provisions relating to nursing breaks for women employees which are designed to allow mothers to attend to the needs of their infants, promoting breastfeeding and maternal care;
Factories Act, 1948: Provisions relating to cleanliness, ventilation, lighting, drinking water, and sanitation facilities to create a healthy and conducive working environment specifically for women;
3. Safety provisions:
Factories Act, 1948: Provisions which prohibit working in close proximity to cotton openers, prohibit the cleaning, lubrication, or adjustment of any machine while it is in operation, and restrict workers from lifting weights beyond specified limits;
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Provisions for ensuring safe and secure working environment by actively preventing and addressing instances of sexual harassment in the workplace and creation of Internal Complaints Committees.
4. Social security provisions:
Employee State Insurance Act, 1948: Provisions relating to various benefits, including medical and cash benefits in instances of sickness, maternity, disablement, or death;
Employees Provident Funds And Miscellaneous Provisions Act, 1952: Provisions relating to establishment of a provident fund for social and financial security and retirement benefits for all eligible employees, regardless of gender;
5. Provisions related to Wages:
Payment of Wages Act, 1936: Provisions relating to frequency of wage disbursement to ensure that employees receive their wages regularly and in the prescribed manner;
Minimum Wages Act, 1948: Provisions relating to fixation and periodic revision of minimum wages for various categories of employment which ensures that every worker, regardless of gender, receives remuneration commensurate with the nature of their work, skills, and prevailing economic conditions;
Equal Remuneration Act, 1976: Provisions aimed at eradicating gender-based wage discrimination and underscores the principle of providing equal pay for equal work. The Act ensures that women receive identical or similar remuneration for comparable tasks;
6. Provisions related to working hours:
Factories Act, 1948: Provisions regulating the working hours of women at night, weekly holidays, intervals for rest, and overtime pay to all factory workers.
Shops and Establishment Act: Provisions regulating the working hours and rest intervals.
7. New provisions under Occupational Safety, Health, and Working Conditions Code, 2020, Code on Wages, 2019, Code on Social Security, 2020 and Industrial Relations Code, 2020
A copy of the Advisory is attached herewith for ease of reference.
Source: Ministry of Labour and Employment
