Rights of women labour By Zainub @LEXCLIQ

Introduction

Women form an integral part of the Indian workforce. According to the information provided by the office of Registrar General & Census Commissioner of India, As per Census 2011, the total number of female workers in India is 149.8 million and female workers in rural and urban areas are 121.8 and 28.0 million respectively. Out of total 149.8 million female workers, 35.9 million females are working as cultivators and another 61.5 million are agricultural labourers. Of the remaining females workers, 8.5 million are in household Industry and 43.7 million are classified as other workers.

As per Census 2011, the work participation rate for women is 25.51 percent as compared to 25.63 per cent in 2001. The Work Participation Rate of Women has reduced marginally in 2011 but there is an improvement from 22.27 per cent in 1991 and 19.67 per cent in 1981. The work participation rate for women in rural areas is 30.02 per cent as compared to 15.44 per cent in the urban areas.

In so far as the organised sector is concerned, in March, 2011 women workers constituted 20.5 percent of total employment in organised sector in the country which is higher by 0.1 percent as compared to the preceding year. As per the last Employment Review by Directorate General of Employment & Training (DGE&T), on 31st March, 2011, about 59.54 lakh women workers were employed in the organised sector (Public and Private Sector). Of this, nearly 32.14 lakh women were employed in community, social and personal service sector.

India is currently on the brink of major legislative labour reforms. The Ministry of Labour and Employment is in the process of consolidating more than 40 labour laws that tackle several diverse and disparate labour issues into a set of four labour codes. These new codes will thus govern industrial relations, working conditions, remuneration, and social security. Given the unequal burdens of care work that fall on women and pressing questions of women’s safety, what does the state have in store to tackle the gender gap? In 2018, India ranked 108 out of 149 countries in the Global Gender Gap Report published by the World Economic Forum. In order to arrive at the gender gap, four dimensions pertaining to economic opportunities, political participation, education attainment, and health and social security.

In 2018, India ranked 108 out of 149 countries in the Global Gender Gap Report published by the World Economic Forum. In order to arrive at the gender gap, four dimensions pertaining to economic opportunities, political participation, education attainment, and health and survival are measured with respect to both men and women. The gap, so as to say, are the adverse impacts of socio-economic and socio-cultural processes on women that act as barriers to the equitable access to education, health, employment, and political participation. Not surprisingly, the Indian female labour force participation stands at an unprecedented low of 23.3 percent.

Rights of Working Women in Factories

Women must have separate toilets and washrooms with doors.
If a factory has more than 30 women workers the employer must provide a creche for the workers children.
Women cannot be made to lift more than the prescribed weight.
Women cannot be made to clean or oil any moving machine.
Women cannot be made to work more than 48 hours in a week.
Women must get one day off in a week.
Women cannot be made to work for more than 5 hours at a stretch.
Women cannot be made to work only between 6 in the morning and 7 in the evening.
State government can grant exemption to nay factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM.
Shift can change only after weekly or other holiday and not in between.
Night shift for women
Factories Act has been proposed to be amended to allow night shift for women workers.
The government has decided to amend section 66 of the Factories Act, 1948 to allow employment of women workers between 7:00 pm and 6:00 am.
The employer has to ensure occupational safety and adequate protection to the women workers.
For contravention of the provisions of the Act or Rules- imprisonment up to 2 years or fine up to Rs. 1,00,000 or both.
Contravention causing death or serious bodily injury- fine not less than Rs. 25,000 in case of death and not less than Rs. 5000 in case of serious injuries.
Continuation of Contravention – imprisonment up to 3 years or fine not less than Rs. 10,000 which may extend to Rs. 2, 00,000.
On contravention of chapter IV pertaining to safety or dangerous operation.
Factories Act works with a primary object to protect workers employed in the factories against industrial and occupational hazards.
For that purpose, it seeks to impose upon the owners or the occupiers certain obligations to protect works unwary as well as negligent and to secure for them, employment in conditions conductive to their health and safety from accidents.

List of protective provisions for women employees:

Some of the important protective provisions for safeguarding the interests of working women are:

Safety/Health Measures

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.
Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a factory for pressing cotton in which a cotton opener is at work.

Prohibition of Night Work

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.
Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates that no woman shall be required or allowed to work in any industrial premise except between 6 a.m. and 7 p.m.
Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above ground except between the hours of 6 a.m. and 7 p.m.

Prohibition of Sub-terrain Work

Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any part of a mine which is below ground.

The Equal Remuneration Act, 1976

Parity in wages is one of the major components of Service Law Jurisprudence which has evolved over the years.
If two workers are doing the same work, they should be paid equal wages.
Even Article 39 of the Constitution envisages that the state shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women.
To give effect to this Constitutional provision The Equal Remuneration Act, 1976 was passed to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the grounds of sex, against women in the matter of employment.
People’s Union for Democratic Rights v. union of India
Duty of Employer to pay equal remuneration to men and women workers for same work or work of a similar nature.
No employer shall pay to any worker, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for the same work or work of a similar nature.
An employer cannot claim exemption on the grounds of financial incapability from The Equal Remuneration Act, 1976.
No discrimination to be made while recruiting men and women workers.
No employer shall, while making recruitment of the same work or work of a similar nature, or in recruitment such as promotions, training or transfer, make any discrimination against women in such work is prohibited or restricted by or under any law for the time being in force.
The provisions of this section shall not affect any priority or reservation for scheduled castes or scheduled tribes, ex-servicemen, retrenched employees of any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.

Maternity Benefit

The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and provides maternity benefits. The Building and Other Constructions (Regulation of Employment and Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries of the Welfare Fund.
The Maternity Benefit Act, 1961
Motherhood is a very special experience in a woman’s life. A woman needs to be able to give a quality time to her child without having to worry about her job and her source of income.
Article 42 of the Constitution of India imposes obligation upon the state to make provisions for securing just and human conditions of work and for maternity relief.
The maternity benefit is a payment to a woman worker at the rate of average daily wages for the period of her actual absence immediately preceding and including the day of her delivery and for six weeks immediately following that day.
In the matters relating to maternity leave, economic benefits during absence of work, leave for bringing up children and non- termination of service during pregnancy and immediately after delivery were deliberated upon and a resolution passed.
In the sixth session of International labor organization held in 1975, emphasis was laid down on the need to make maternity protections more adequate in the following spheres:
Extension of maternity protection to new categories of women workers,
Extension of the period of statutory or prescribed maternity leave,
More liberal provisions for extended or extra leave during child’s infancy,
Higher rates of maternity benefits,
More effective protection against dismissal during pregnancy and after confinement,
Greater encouragement of breastfeeding and wider provisions of nursing breaks,
More adequate attention to the safety and health of woman during pregnancy and
Establishment by social security schemes or public bodies of day nurseries to care for infants and children of working parents.
Maternity Benefits: A woman can get maternity Benefits,
During Pregnancy
After Pregnancy (during the early months of motherhood).
Government employed women are entitled for maternity leave with full pay.
Other working women are entitled for 16 weeks maternity benefits.
Even unmarried women are entitled for maternity benefits.
Only those Government employees can avail these benefits, which have less than two surviving children.
If a woman wants she can avail few days before the delivery and the remaining leave after the delivery, or she can avail the entire leave at the same time.
The employer cannot make a woman do any heavy work in the last working month of pregnancy. She can refuse to do work which is physically tiring and involved long standing hours, caring heavy loads or any work which can endanger the proper growth of child, etc.
A woman is entitled to 45 days leave full wages in case of miscarriage.
The National maternity Benefit scheme was modified and new scheme called Janani Sraksha Yojna was introduced.
Complaint: Section 17- Section 17 talks of complaint that can be made to the inspector appointed under the Act. Section 23 talks of complaint that may be lodged in a court of law after exhausting the remedies provided under the Act.

Procedure to Seek Remedy

Normally, for any grievance under the Act, the aggrieved woman may approach the Inspector appointed under the Act.
However, where she is dissatisfied with the orders passed by the Inspector or where a larger question of law is involved she may approach the Metropolitan Magistrate or a first class Judicial Magistrate of the competent jurisdiction. However, such a case must be filed within 1 year from the date of commission of offence.
Any office bearer of a registered Trade Union of which such a woman is a member or a Voluntary Organization registered under the Societies Registration Act, 1860 or any inspector may also file a case in a court of law on behalf of the aggrieved woman.
In some cases, the inspector may enter any place where women are working, in exercise of powers given to him under the Act and examine any registers, records or notices required to be maintained under the Act.
He may examine any employee of the establishment and require them to give him information regarding particulars of employees, payments made and application or notice received from them. If he finds any discrepancies in the matter or payment of maternity benefits, he may direct such payments to be made.
The woman should have put 80 days of work before in a delivery period of one year to be able to claim the benefits under the Act.
It is the duty of woman claiming maternity benefit to give notice in writing in the prescribed form to her employer claiming her benefit and the period of leave. Such a notice may be given immediately after delivery also.
Where she has failed to give such a notice, she may apply to the Inspector who shall make the necessary orders of payment under the Act.
Appeal against the orders of the Inspector lies to the appellate authority which must be made within 30 days from the date of the decision of the Inspector is communicated to her. The decision of the appellate authority is final.
If she is dissatisfied with the orders of the Inspector or the appellate authority or if a larger Question of law is involved, she may approach the court of the competent jurisdiction. The case will proceed according to the established procedure of law.
Where the employer is guilty of payment of maternity benefit or dismissing or discharging the employee on account of her absence in violation of the Act, he is punishable with imprisonment not less than 3 months to one year and with fine for not less than Rs. 2000 to Rs. 5000
There is appeal against the decision of the inspector. In a court of law, the normal procedure of filing appeals may be followed.
Alternative Remedies-/ Judicial; The Act itself has provided for an alternative judicial recourse by appointing Inspectors under the Act and for an appellant authority above him.
Only where the complainant is dissatisfied with their decisions that she has to approach a court of law for judicial remedies and for instituting penal action against her employer. Certain questions of law like the period to be included while calculating the amount of maternity benefit etc. are also decided by a court of law.
The aggrieved woman may also approach the registered trade union of which she is a member or a voluntarily social organization that may help fight her case.

Provisions for Separate Latrines and Urinals

Provision for separate latrines and urinals for female workers exist under the following:

Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 19 of the Factories Act, 1948.

Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.

Section 20 of the Mines Act, 1952.

Section 9 of the Plantations Labour Act, 1951.

Provisions for Separate Washing Facilities

Provision for separate washing facilities for female workers exists under the following:

Section 57 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 42 of the Factories Act.

Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979.

Minimum Wages Act, 1948

Women must get wages because every person who works must be paid for his or her work.
A person must be paid at least a minimum wages which is fixed by the government under the Minimum Wages Act, 1948.
Every woman must be paid the same wage as a man for the same kind of work i.e., equal to the man and not less.
Women workers must be given to the person who work on temporary basis, piece rate basis, daily wages, who works for a contractor or who works in agriculture.
Even if a person agrees to work on less wages then prescribed by the government, the employer is bound to pay the minimum wages.
Minimum wages must be fixed on:
Daily basis,
Hourly basis and
Monthly basis.

The Factories Act, 1948

In India, The Factories Act, 1881 was primarily passed to protect children and to provide for a few measures for the health and safety of workers.
The subsequent act and finally the Act of 1948 aim to consolidate and amend the law and regulate labour in factories.
This Act is complete from all points of view and implements several provisions of International Conventions like the ILO’S code of Industrial Hygiene and Periodical Examination of Young Persons.
The major objectives of the Factories Act are-
To protect laborers from long hours of work.
Maintain healthy and sanitary conditions at the workplace.
Maintain safety of workers.
Maintain Industrial machines used by people so as to avoid unnecessary accidents.
Regular visit of Industrial sites by Industrial Inspectors to oversee health and safety regulations.
Executive provisions have been made for employment of women in factories.
Welfare
Adequate facilities for washing, sitting, storing clothes when not worn during working hours.
If a worker has to work in standing position, sitting arrangement to take short rests should be provided.
Adequate First aid boxes should be provided and maintained.
Facilities in case of large factories:
Creches are to be provided if 30 or more women workers are employed.
Safety measures.
Working hours.
Overtime wages:
Overtime wages are double the rate of wages payable.
Overtime should not exceed 60 hours in a week and total overtime hours in a quarter should not exceed 50. Register of overtime should be maintained.

Provision for Crèches

Provision for crèches exists under the following:
Section 48 of the Factories Act, 1948.
Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.
Section 12 of the Plantations Labour Act, 1951.
Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
Section 35 of the Building and other Constructions (Regulation of Employment and Conditions of Service) Act, 1996.

The Prohibition of Sexual Harassment of Women at Workplace Act, 2013

Procedural Requirements for Employers

The act provides an outline about employer’s requirements to develop a complaint mechanism.
Section 4 lays down the establishment of an Internal Complaints Committee (ICC).
The ICC must consist of atleast-
Four members under the Chairperson ship of a senior woman employee,
Two members from amongst the employees preferably a women with experience in social work or legal knowledge and
A third party member preferably affiliated with a non- governmental organization.
If a workplace has less than 10 employees it is difficult to set up ICC. In that case complaints may be filed at local complaints committee (LOC) established at the district level.
Section 19 requires employers to organize an orientation, workshops and awareness programs for sensitizing employees to the harms of sexual harassment and to provide assistance to the complainant should she choose to file a police complaint.
Further, employers are required to display at the workplace details of the penal consequences of indulging in acts of sexual harassment, the composition of the ICC, and the grievance redressal mechanism available to aggrieved employees.

The Complaint Process

Assuming an ICC has been established in a workplace, a woman alleging sexual harassment must act quickly to preserve her complaint.
Section 9 requires that a complaint of sexual harassment be filed within three months of the date of the incident.
This may be extended to another three months if the woman can prove that grave circumstances prevented her from filing at an earlier time although “grave” is not defined within the act.
The ICC is required to complete the inquiry within 90 days of receipt of a complaint. While the complaint investigation is ongoing, upon written request of the complainant, the woman may be transferred to another workplace or granted leave for a period of up to three months.
On completion of the inquiry, a report will be sent to the employer or the District Officer (for workplaces with few than 10 employees) who is then obliged to take action on the report within 60 days.
Employers are required to ensure timely submission of reports to the District Officer.
Section 15 provides various factors to be considered if compensation for the aggrieved woman is deemed appropriate by the ICC which include the level of mental trauma, pain, suffering, emotional distress, medical expenses incurred, financial status of the respondent, loss in career opportunity due to the incident, and the feasibility of such payment in lump sum or in installments.
As a result, the accused person faces a potentially significant financial loss if found liable by the ICC.
The Act provides that the deductions may be made from the respondent’s salary or wages. 10. If a complaint is not proven, the ICC can instruct the employer or appropriate District Officer that no further action is required.

VOCATIONAL TRAINING FOR WOMEN” under Directorate General of -Employment & Training

DGE&T is the nodal agency for providing vocational training in traditional and contemporary courses and certification to women to meet the trained skill workforce to the industry and service sector etc. in the country. These courses help women to achieve their career goals and become independent. The Women Vocational Training Programme is dedicated to planning and implementing long term policies related to women’s vocational training in the country.

The Institutional framework comprising 11 Institutes in the Central sector offer training courses to women to develop professional skills required to find suitable jobs/self employment and trained faculty position in ITIs etc. The institutes set up to impart training exclusively for women under the Women Vocational Training Programme are as under:

National Vocational Training Institute (NVTI) for Women, NOIDA

Regional Vocational Training Institutes (RVTIs) for Women at Mumbai, Bangalore, Thiruvananthapuram, Panipat, Kolkata, Tura, Allahabad, Indore, Vadodara and Jaipur

More over EFC has approved for setting up of New RVTIs in the States of Punjab, Himachal Pradesh, Tripura, Goa, Uttarakhand, Bihar, J&K and Tamil Nadu. These RVTIs would be operational by August, 2015

The National/Regional Vocational Training Institutes for women provide (i) Crafts Training Scheme (CTS) & (ii) Crafts Instructors Training Scheme (CITS) under modular pattern training programmes and Short term training courses, who have passed 10th or 12th standard and meet the specified eligibility criteria for various courses. The CITS courses are specially designed for ITI instructors . Apart from the regular courses, these institutes also organize short term courses as per the requirements for the industry. Short term courses include training in employable skills, preparation/use of Audio-visual aids etc. for general women, housewives, students and school drop-outs. More than 1,10,000 women have been trained since inception of Women Vocational Training Programme in 1977.

In the State sector, vocational training facilities exclusively for women at Craftmen level are provided through a network of Women Industrial Training Institutes/ITCs and Women wings in general ITIs/ITCs under the administrative control of the State Governments. The Women’s Training in DGE&T is responsible for policy matters, standards, revision of course curricula & implementation of new schemes. As per information furnished by the respective State Governments, there are about 1431 Women ITIs and women wings in general ITI/ITCs having a total of 82,390 training seats (as on December, 2013).

Conclusion

Women’s health, safety, and protection against sexual harassment continue to remain key considerations that retain women in the workplace. In July 2019, the Occupational Safety, Health and Working Conditions Labour Bill was tabled in the Lok Sabha. According to the proposed Bill, working hours for women are to be between 6 a.m. and 7 p.m. The onus of safety including transportation to and from work is to be placed squarely on the employer for any time spent over and above this. Also, women employees may not be called to work on holidays. Although welcome initiatives, there needs to be qualitative recognition that workplace safety is something goes beyond transportation arrangements. Safety audits, a need-based safety survey to address women’s specific concerns are required. For instance, online gender-based violence and discrimination against women are on the rise, and this requires specialised interventions.