brief overview on laws that affect women at the workplace

1. LAWS THAT AFFECT
WOMEN IN WORKPLACE
SAVITHA KESAV JAGADEESAN
SENIOR PARTNER
KOCHHAR & CO.

2. CONSTITUTIONAL SAFEGAURDS
MATERNITY BENEFIT ACT,1961
EQUAL REMUNERATION ACT, 1976
FACTORIES ACT, 1948
THE SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE(PREVENTION, PROHIBITION &
REDRESSAL) ACT, 2013
THE COMPANIES ACT, 2013
KEY TAKEAWAYS OF THE
WORKSHOP

4. CONSTITUTIONAL
SAFEGUARDS

5. CONSTITUTIONAL PROVISIONS
ARTICLE 14 FOR WOMEN
STATE TO DIRECT ITS
POLICY TOWARDS
EQUAL PAY FOR
EQUAL WORK FOR
BOTH MEN AND
WOMEN
ARTICLE 39(d)
EQUAL OPPURTUNITY
FOR WOMEN
EQUAL OPPURTUNITY IN
PUBLIC EMPLOYMENT
ARTICLE 16
EQUALITY BEFORE LAW

6. CONSTITUTIONAL PROVISIONS
ARTICLE 42
STATE TO MAKE
PROVISION
FOR SECURING JUST
AND HUMANE
CONDITIONS OF
WORK AND FOR
MATERNITY
ARTICLE 51A (e)
TO RENOUNCE
DEROGATORY
PRACTICES
TO THE DIGNITY OF
WOMEN
ARTICLE 243
1/3 RESERVATION
FOR WOMEN
IN PANCHAYAT
ELECTION,
MUNICIPALITY
ELECTION

7. MATERNITY BENEFIT
ACT,1961

8.  THE ACT:
 Benefit given to a Pregnant Women
 Employer is liable to pay maternity benefit
 Benefit: Average Daily wage for the period of actual absence
 Main object: To regulate employment of pregnant women
before and after pregnancy and provide monetary and leave
benefits
MATERNITY BENEFIT ACT,
1961

9. OBJECT OF THE ACT
REGULATE THE
EMPLOYMENT OF:
PROTECT THE
DIGNITY OF
MOTHERHOOD
PROVIDE FOR MATERNITY
BENEFITS
WOMEN BEFORE
AND AFTER CHILD
BIRTH/
MISCARRIAGE
MATERNITY LEAVE
WAGES
BONUS
BY PROVIDING FULL
AND HEALTHY
MAINTENANCE OF
WOMEN
NURSING BREAKS

10. Factory
Mine
Plantation
Shops and Establishment(both Public
and Private)
APPLICABILITY

11. CONDITIONS FOR CLAIMING
BENEFIT
WORKING AS AN
EMPLOYEE
FOR A MIN PERIOD
OF 80 DAYS IN THE
PAST 12 MONTHS
SECTION 5

12. TERM OF BENEFIT
WOMEN
EMPLOYEE CAN
AVAIL MATERNITY
LEAVE
FOR A TOTAL
PERIOD OF 26
WEEKS
PREGNANT WOMEN CAN
AVAIL MATERNITY BENEFIT
(PREVIOUSLY 12
WEEKS)
FOR PERIOD OF 8 WEEKS
PRIOR TO THE DATE OF
EXPECTED DELIVERY
(PREVIOUSLY 6 WEEKS)

13. BENEFIT FOR THE THIRD
CHILD
WOMAN HAVING 2 OR MORE
CHILDREN
ENTITLED TO 12 WEEKS OF
MATERNITY BENEFIT
OF WHICH NOT TO AVAIL MORE
THAN 6 WEEKS PRIOR TO
DELIVERY

14. ADOPTION/SURROGACY
WOMAN WHO ADOPTS
CHILD BELOW 3
MONTHS
ENTITLED TO MATERNITY
BENEFIT
FOR 12 WEEKS
FROM THE DATE THE
CHILD IS HANDED OVER
TO THE ADOPTING
MOTHER

15. KEY POINTS IN CASE OF
MISCARRIAGE
EMPLOYER
CANNOT
EMPLOY A
PREGNANT
WOMAN
DURING THE
SIX WEEKS
AFTER HER
MISCARRIAGE
WOMAN
CANNOT
WORK IN AN
ESTB
DURING THE
SIX WEEKS
AFTER HER
MISCARRIAGE
PREGNANT WOMEN
CANNOT BE GIVEN THE
FOLLOWING WORK:
1. HARD LABOUR
2. INVOLVING LONG HOURS
OF STANDING
3. WHICH INTERFERES WITH
HER PREGNANCY
4. ANYTHING WHICH IS
LIKELY TO CAUSE
MISCARRAIGE

16. CRECHE FACILITY:
ESTABLISHMENT
HAVING 50 OR
MORE EMPLOYEES
EMPLOYER TO
MANDATORY
PROVIDE A CRECHE
FACILITY
MOTHER CAN
VISIT THE
CRECHE 4
TIMES A DAY

17. LEAVE FOR ILLNESS ARISING OUT OF
PREGNANCY, DELIVERY, PREMATURE
BIRTH OF CHILD, OR MISCARRIAGE.
WOMAN SUFFERING
FROM ILLNESS DUE
TO:
MISCARRIAGE
CAN AVAIL PAID LEAVE FOR
1 MONTH
IN ADDITION TO THE
MATERNITY BENEFIT
PREMATURE BIRTH
OF CHILD
DELIVERY
PREGNANCY

18. • An employer may allow her to work
from home post the period of Maternity
Benefit.
• The conditions for working from home
may be mutually agreed between the
employer and the woman.
WORK FROM HOME

19.  LIGHT WORK FOR A MONTH (10 WEEKS BEFORE DUE DATE)
 MEDICAL BONUS (PRE NATAL AND POST NATAL CARE)
 Additional leave
 Tubectomy-2 weeks leave with pay
 PAYABLE TO NEXT OF KIN
 AVAILED FOR FIRST TWO CHILD
 THIRD CHILD REDUCED LEAVE
 TO AVAIL ABOVE
 PROOF CONFIRMING PREGNENCY- PAID 48 HOURS IN
ADVANCE
 WRITTEN NOTICE TO EMPLOYER 6 WEEKS PRIOR TO DUE DATE
(PRE AND POST DELIVERY)
BENEFITS

20. The failure to give notice under this
section shall not disentitle a woman to
maternity benefit or any other amount
under this Act
FAILURE TO GIVE NOTICE

21. A woman suffering illness arising out of pregnancy,
delivery, premature birth of child or miscarriage
shall, on production of such proof as may be
prescribed, be entitled in addition to the period of
absence allowed to her under section 6, or, as the
case may be, under section 9, to leave with wages
at the rate of maternity benefit for a maximum
period of one month.
LEAVE FOR ILLNESS ARISING OUT OF
PREGNANCY, DELIVERY, PREMATURE
BIRTH OF CHILD, OR MISCARRIAGE.

22. Every woman delivered of a child who
returns to duty after such delivery shall
be allowed in the course of her daily
work 2 breaks of the prescribed
duration for nursing the child until the
child attains the age of 15 months.
NURSING BREAKS

23.  No employer shall discharge or dismiss a women
on account of absence or give notice of discharge
or dismissal.
Cannot loose benefits due to discharge or
dismissal
EXCEPTION:
Where the dismissal is for any prescribed gross
misconduct the employer may, by order in writing
communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
DISMISSAL DURING ABSENCE OR
PREGNANCY

24. IMPRISONMENT : Up to 3 months
FINE : INR 500
PENALTY

25. DISMISSAL DURING ABSENCE OR
PREGNANCY
EMPLOYER IS BARRED
FROM DISMISSING A
WOMEN
ON ACCOUNT OF HER
ABSENCE DUE TO
PREGNANCY

26. EQUAL
REMUNERATION ACT,
1976

27. EQUAL REMUNERATION ACT, 1976
OBJECTIVE
PAYMENT OF EQUAL
REMUNERATION TO
MEN AND WOMEN
PREVENTION OF
DISCRIMINATION ON
THE GROUND OF SEX
(AGAINST WOMEN)

28. DUTY OF EMPLOYER TO PAY
EQUAL REMUNERATION
MEN & WOMEN TO
BE PAID SAME WAGE
FOR SIMILAR WORK
EMPLOYER CANNOT
PAY LESS WAGES
TO ONE GENDER
COMPARED TO THE
OTHER

29. NO DISCRIMINATION WHILE
RECRUITING
EMPLOYER IS BARRED
FROM DISCRIMINATING
AGAINST WOMEN
AT THE TIME OF
RECRUITMENT FOR
EMPLOYMENT

30. PUNISHMENT
IMPRISONMENT
UPTO 1 MONTH
PENALTY
UP TO INR 10,000/-

31. FACTORIES ACT, 1948

32. OBJECT
TO REGULATE
THE WORKING
CONDITIONS IN
FACTORIES
TO REGULATE
HEALTH, SAFETY ,
WELFARE, ANNUAL
LEAVE
ENACT SPECIAL
PROVISION FOR
YOUNG PERSON
CHILDREN
WOMEN

33. RESTRICTIVE PROVISIONS RELATING TO
WOMEN EMPLOYMENT
PROHIBITION OF
WOMEN DURING NIGHT
HOURS
PROHIBITION OF
EMPLOYMENT OF
WOMEN IN PRESSING
PROHIBITION OF WORK
IN HAZARDOUS
OCCUPATIONS
FIXATION OF DAILY
HOURS OF WORK AT
NINE.

34. WELFARE MEASURE FOR WOMEN
FIXATION OF
MAXIMUM
PERIMISSIBL
E LOAD
PROVISION
FOR CRECHE
(WHERE 30 OR
MORE WOMEN
WORKERS ARE
EMPOLOYED
PROVISION
FOR TOILETS
- SEPARATE
LATRINE AND
URINALS FOR
WOMEN
PROVISION
FOR
WASHING
AND
BATHING
FACILITIES
ADVANCE NOTICE ON CHANGE
IN SHIFT TIMINGS

35. RECENT NOTIFICATION REGARDING
EMPLOYMENT OF WOMEN IN NIGHT SHIFTS
RULE 84B –
GUIDELINES FOR
EMPLOYMENT OF
WOMEN IN NIGHT
SHIFTS
OCCUPIER TO
PREVENT SEXUAL
HARRASMENT IN
FACTORY
OCCUPIER TO
MAINTAIN COMPLAINT
MECHANISM
TIME BOUND DISPOSAL
HEADED BY WOMEN
NECESSARY
MEDICAL
FACILITIES FOR
WOMEN
ADEQUATE TOILET
WITH WATER
FACILITY –
CONVENIENTLY
SITUATED
1/3RD OF THE
SUPERVISORS/SHI
FT INCHARGE TO BE
WOMEN
WOMEN TO BE
ALLOWED TO RAISE
AN ISSUE OF
SEXUAL
HARRASMENT

36. CONTD…
NOT TO EMPLOY
WOMEN LESS
THAN 10 AND NOT
LESS THAN 2/3RD
OF TOTAL
STRENGHT IN
NIGHT SHIFT
OCCUPIER TO
ASSIST THE
WOMEN
AFFFECTED BY
SEXUAL
HARRASMENT
OCCUPIER MUST
PROVIDE TO
WOMEN:
IN CASE OF ANY
UNTOWARD
INCIDENT POLICE
SEPARATE DINING
FACILITY
SEPARATE
TRANSPORTATION
FACILITY
OCCUPIER TO
REPORT IT TO
THE INSPECTOR
OF POLICE

37. POSH
PREVENTION OF SEXUAL
HARASSMENT AT
WORKPLACE

38. OFFENCES UNDER THE ACT
1. OUTRAGING THE
MODESTY OF
WOMEN
IMPRISONMENT:
1 TO 5 YEARS
IMPRISONMENT:
3 TO 7 YEARS
3. ASSUALT OR
CRIMINAL FORCE
TO WOMEN WITH
INTENT TO
DISROBE
IMPRISONMENT
CAN EXTEND
UPTO 3 YEARS
BASED ON THE
NATURE OF THE
HARRASMENT
2. SEXUAL
HARRASMENT BY
A MAN

39. OFFENCES CONTD…
VOYERISUM
SIMPLE OR
RIGOROUS
IMPRISONMENT –
3 TO 7 YEARS
SIMPLE OR
RIGOROUS
IMPRISONMENT –
1 TO 3 YEARS
SUBSEQUENT
CONVICTION
FIRST
CONVICTION

40. OFFENCES CONTD…
STALKING
SIMPLE OR
RIGOROUS
IMPRISONMENT –
UP TO 5 YEARS
SIMPLE OR
RIGOROUS
IMPRISONMENT –
UP TO 3 YEARS
SUBSEQUENT
CONVICTION
FIRST
CONVICTION

41. EXAMPLES OF SEXUAL HARRASMENT
UNWANTED
SEXUAL
ADVANCES OR
PROPOSITIONS
MAKING OR USING
DEROGATORY
COMMENTS, COMMENTS
ABOUT A PERSON’S
BODY OR DRESS, SLURS,
EPITHETS OR SEXUALLY
SUGGESTIVE JOKES
DISPLAYING SEXUALLY
SUGGESTIVE OBJECTS OR
PICTURES, CARTOONS,
CALENDARS OR
POSTERS
MAKING
SEXUAL
GESTURES
OFFERING EMPLOYMENT
BENEFITS IN EXCHANGE
FOR SEXUAL FAVOURS
LEERING
WRITTEN
COMMUNICATIONS OF A
SEXUAL NATURE,
SUGGESTIVE OR
OBSCENE LETTERS,
NOTES OR INVITATIONS GENDER BASED
INSULTS
AND/OR SEXIST
REMARKS

42. INTERNAL COMPLAINTS COMMITTEE
INTERNAL COMPLAINTS COMMITTEE AT EACH OFFICE OR
BRANCH OF AN ORGANIZATION
ESTABLISHMENTS WITH LESS THAN 10 EMPLOYEES TO
SEEK REDRESSAL FROM LOCAL COMMITTEE SET UP AT
DISTRICT LEVEL
MANDATORY FOR OFFICES WITH 10 OR MORE EMPLOYEES
TO HAVE INTERNAL COMPLAINTS COMMITTEE
FORMATION OF REDRESSAL MECHANISM – COMPLAINTS
COMMITTEE OR LOCAL COMMITTEE

43. COMPANIES ACT, 2013

44. GENDER AND BUSINESS

45. SECTION 149: APPOINTMENT OF WOMAN
DIRECTORS
EVERY LISTED COMPANY
EVERY OTHER PUBLIC
COMPANY WITH:
PAID UP CAPITAL OF 100
CRORES OR MORE
A TURNOVER OF 300
CRORES OR MORE
TO APPOINT ATLEAST
1 WOMAN DIRECTOR
IN THE BOARD

46. RATIONALE BEHIND WOMEN DIRECTOR
PROVISION
NON PROFIT RESEARCH ORG – “CATALYST” REPORTED:
MANY OF FORTUNE 500 COMPANIES
HAVE ACHIEVED BETTER FINANCIAL PERFORMANCE
WHICH HAVE HIGHEST REPRESENTATION OF WOMEN DIRECTORS ON
BOARD

47.  Time Frame for appointment: a period of 6 months from the
date of its incorporation. Further as per interpretation other
existing Companies were required to appoint Women Director
within a period of 1 year as mentioned under Section 149(2).
 Intermittent Vacancy: In case of any intermittent vacancy of
woman director the same has to be filled-up by the Board
 at the earliest
 but not later than immediate next Board meeting
 or three months from the date of such vacancy whichever is later
(Rule 3 of Companies (Appointment and Qualification of Directors)
Rules, 2014).
APPOINTMENT

48.  Act in accordance with the Articles of Association (AOA) of the
company.
 Act in good faith, in order to promote the objects of the
company, for the benefits of the company as a whole, and in the
best interests of the stakeholders of the company.
 Exercise duties with due and reasonable care, skill and
dilligence, exercise independent judgment.
 direct or indirect interest that conflicts, or possibly may conflict,
with the interest of the company.
 undue gain or advantage either to herself or to her relatives,
partners, or associates
 shall not assign her office and assignment so made are void.
 Contravention punishable with fine- not be less than
Rs.1,00,000/- upto Rs.5,00,000/-.
DUTIES AND LIABILITIES

49.  Digital Signature Certificate in Class II or Class III as per
Information Technology Act Act, 2000
 Application in the Form DIR-3 -allotment of Director
Identification Number (DIN)
 Consent in the form of Form DIR-2 pursuant to Rule 8 of
the Companies (Appointment & Qualification of Directors) Rules
2014
 Intimation in Form DIR- 8 in terms of Companies (Appointment &
Qualification of Directors) Rules, 2014 to the effect that she is
not disqualified under sub-section (2) of Section 164 of the
Companies Act, 2013
 MBP- 1 in terms of Companies (Meetings of Board and its
Powers) Rules, 2014
 DIR- 12 in terms of Companies (Appointment & Qualification of
Directors) Rules, 2014
ESSENTIAL REQUIREMENTS

50. Thank You
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# 177, Anna SalaimChennai-600 002,Tamil Nadu, India
Tel:+ 91 44 4040 5222