The presentation discusses the major laws available in India that protects women in the workplace. The laws discussed are: 1. Maternity Benefit Act, 2017
2. Factories Act, 1948
3. Sexual Harassment of Women at Workplace Act, 2013
It also enumerates the Vishaka Guidelines provided by the Supreme Court of India and the procedure for complaint of a sexual harassment case.
2. Topics Discussed in this Presentation
◦ Maternity Benefit Act, 2017
◦ Factories Act, 1948 (sections related to
women)
◦ Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013
▫ Vishaka Guidelines
▫ Procedure for Filing a Claim
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4. About the Act
◦ An amendment to the Maternity Benefit Act, 1961,
was passed in Rajya Sabha on August 11, 2016; in Lok
Sabha on March 09, 2017, and received an assent
from President of India on March 27, 2017
◦ The Maternity Benefit Act, 1961 protects the
employment of women during the time of her
maternity and entitles her of a ‘maternity benefit’ –
i.e. full paid absence from work – to take care for her
child.
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5. Applicability & Eligibility
◦ The Act is applicable to all establishments which are
factories, mines, plantations, Government establishments,
shops and establishments under the relevant applicable
legislations, or any other establishment as may be notified
by the Central Government
◦ A woman must have been working as an employee in an
establishment for a period of at least 80 days in the past
12 months. Payment during the leave period is based on
the average daily wage for the period of actual absence.
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6. Key Amendments
◦ Increase in paid maternity leave
◦ Maternity leave for adoptive and
commissioning mother's
◦ Creche facility
◦ Work from home option
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7. Penalties & Rules
◦ For failure to pay maternity benefit as provided for under the Act,
the penalty is imprisonment up to one year and fine up to Rs.
5000. For dismissal or discharge of a woman as provided for
under the Act, the penalty is imprisonment up to one year and a
fine up to Rs. 5000.
◦ One does not qualify for Maternity Allowance or Statutory
Maternity Pay if one has no income or are on a low income. One
should be aged 16 or over. If one isn't working, or usually work less
than 16 hours a week.
◦ Payment of medical bonus – Every woman entitled to maternity
benefit under this Act shall also be entitled to receive from her
employer a medical bonus of twenty-five rupees, if no pre-natal
confinement and post-natal care is provided for by the employer
free of charge.
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9. The Aim & Object of the Act
◦ To safeguard the interest of workers and protect
them from exploitation, the Act prescribes certain
standards with regard to safety, welfare and working
hours of workers, apart from other provisions.
◦ The Factories Act aims at protecting workers
employed in factories from unfair exploitation by
their employers. Proper working conditions include
ensuring health, safety, welfare, proper working
hours, leave, and other benefits.
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10. Exclusive Provision for Women Workers
◦ The Factories Act also stipulates the employers employing
50 or more women workers to provide for cheches for
children of the women workers, aged 6 years and below.
◦ Other facilities female factory workers, such as women’s
washing and bathing facilities, toilets (separate latrines
and urinals for women), toilets and canteens. Public utility
amenities will be offered separately for women at work.
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11. Exclusive Provision for Women Workers
◦ Female employees have the right to receive at least a 24-
hour notice for their change in shift timing.
◦ Female workers are prohibited from working in a
dangerous occupation
◦ No woman worker shall be allowed to work in a factory
except between 6 a.m. and 7 p.m.
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12. Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
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14. Vishaka Guidelines provided by the Supreme Court
◦ It is the onus of the employer to include a rule in the
company code of conduct for preventing sexual
harassment.
◦ Organizations must establish complaint committees that
are headed by women.
◦ Initiate disciplinary actions against offenders and
safeguard the interests of the victim.
◦ Female employees shall be made aware of their rights.
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15. Main Features of the Act
◦ The Act defines sexual harassment at the work place
and creates a mechanism for redressal of
complaints. It also provides safeguards against false
or malicious charges.
◦ The Act also covers concepts of 'quid pro quo
harassment' and 'hostile work environment' as forms
of sexual harassment if it occurs in connection with
an act or behaviour of sexual harassment.
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16. Main Features of the Act
◦ The definition of "aggrieved woman", who will get
protection under the Act is extremely wide to cover
all women, irrespective of her age or employment
status, whether in the organised or unorganised
sectors, public or private and covers clients,
customers and domestic workers as well.
◦ An employer has been defined as any person who is
responsible for management, supervision, and
control of the workplace and includes persons who
formulate and administer policies of such an
organisation
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17. Objectives
◦ Sexual harassment at a workplace is considered violation of women’s right
to equality, life and liberty. It creates an insecure and hostile work
environment, which discourages women’s participation in work, thereby
adversely affecting their social and economic empowerment and the goal
of inclusive growth.
◦ The proposed legislation contains provisions to protect every woman from
any act of sexual harassment irrespective of whether such woman is
employed or not.
◦ Requires all employers to develop and implement a policy for prevention of
sexual harassment at the workplace
◦ To evolve a permanent mechanism for the prevention and redressal of
sexual harassment cases and other acts of gender based violence at the
workplace.
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18. The Complaints Committee
◦ Every employer is required to constitute an Internal Complaints
Committee at each office or branch with 10 or more employees.
The District Officer is required to constitute a Local Complaints
Committee at each district, and if required at the block level.
◦ The Complaints Committees have the powers of civil courts for
gathering evidence.
◦ The Complaints Committees are required to provide for
conciliation before initiating an inquiry, if requested by the
complainant.
◦ The inquiry process under the Act should be confidential and the
Act lays down a penalty of Rs 5000 on the person who has
breached confidentiality
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20. What Constitutes Sexual Harassment?
◦ As per the provisions of Section 2(n) of the Act,
sexual harassment includes:
▫ Physical contact or advances
▫ Demand or request for sexual favours
▫ Making sexually coloured remarks
▫ Showing pornography
▫ Unwelcome physical, verbal or non-verbal
conduct of sexual nature.
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21. Redressal Procedure
◦ Any aggrieved woman may make, in writing, a complaint of sexual
harassment at workplace to the Internal Committee, if not, to the Local
Committee, within a period of three months from the date of the incident.
◦ Where the aggrieved woman is unable to make a complaint, her legal heir,
or such other person make a complaint on her behalf.
◦ The committee may give an opportunity for conciliation of the matter with
the respondent before the inquiry is set up in this regard.
◦ Where the settlement is not arrived at and the respondent is an employee
or where the settlement arrived as has not been complied with, the
committee shall initiate an inquiry against the respondent.
◦ If the case exists, complaint will be forwarded to the police under. The
committee shall provide for an opportunity of being heard to the parties.
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22. Redressal Procedure
◦ The court may order payment of such sum of money to the aggrieved
woman as it may consider appropriate where the respondent is convicted
of the offence.
◦ During the pendency of the case, the committee may grant an interim relief
to the aggrieved woman by making a written request to the employer.
◦ The inquiry report shall be forwarded to the employee or to the district
officer. The committee shall recommend the action to be taken against the
respondent to the employee or district officer.
◦ Where there is a false complaint, the committee may recommend
appropriate action to be taken against the woman in the inquiry report.
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