Important Indian laws that provide legal protection for women in their workplace. Maternity Benefit Act(2017) ,Sexual Harassment of Women in Workplace ,Equal Remuneration Act ,Laws protecting women working night shifts.

1. LEGAL PROTECTION
FOR WOMEN IN THE
WORK PLACE

2. MATERNITY BENEFIT
(AMENDMENT) ACT, 2017

3. MATERNITY BENEFIT (AMENDMENT) ACT, 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. The act is
applicable to all establishments employing 10 or more
employees.
• The Maternity (Amendment) Bill 2017, 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 the President of India
on March 27, 2017.

4. APPLICABILITY
• 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 establishments as may be notified by the Central
Government.

5. ELIGIBILITY
• As per the Act, to be eligible for maternity benefit, 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.

6. KEY AMENDMENTS
1) INCREASED PAID MATERNITY LEAVE
• The Maternity Benefit Amendment Act has increased the
duration of paid maternity leave from the existing 12
weeks to 26 weeks - this benefit could be availed for a
period of maximum of 8 weeks before the expected
delivery date and the remaining , post childbirth.
• For women who are expecting after having 2 children, the
duration of paid maternity leave shall be 12 weeks (i.e., 6
weeks pre and 6 weeks post expected date of delivery).

7. 2) MATERNITY LEAVE FOR ADOPTIVE AND
COMMISSIONING MOTHERS
• Maternity leave of 12 weeks to be available to mothers
adopting a child below the age of three months from the date
of adoption as well as to the “commissioning mothers”. The
commissioning mother has been defined as biological mother
who uses her egg to create an embryo planted in any other
woman.

8. 3) WORK FROM HOME OPTION
• The Maternity Benefit Amendment Act has also introduced
an enabling provision relating to "work from home" for
women, which may be exercised after the expiry of the 26
weeks' leave period. Depending upon the nature of work,
women employees may be able to avail this benefit on
terms that are mutually agreed with the employer.

9. 4) CRÈCHE FACILITY
• The Maternity Benefit Amendment Act makes crèche
facility mandatory for every establishment employing 50 or
more employees. Women employees would be permitted
to visit the crèche 4 times during the day (including rest
intervals)

10. CRITICISMS
1) BURDEN ON THE EMPLOYER
• Employers have to bear the entire cost of providing leave to
employees—in terms of both continued pay while on leave, the
indirect cost of having to get the work done by employing other
workers to finish the work of the absent employee, cost of
temporary training provided to the employee in replacement.
2) WOMEN WILL LOSE THEIR JOBS
• Regarding how the bulk of employment is in the informal sector,
Teamlease estimates, that 11-18 lakh jobs for women will be lost
because of the implementation of the Act, over the first four
years.

11. 3) FINANCIAL BURDEN ONLY ON EMPLOYER
• In most countries, the cost of maternity leave is shared by the
government, employer, insurance agency and other social
security programmes.
4) GENDER DISCRIMINATION AGAINST WOMEN HAVING
CHILDBEARING AGE
• Making such leave an employer mandate, as in India, ensures
employers will discriminate against women of childbearing age.
Additional requirements like creche facilities require more
capital and operating expenditure. It won’t come as a surprise
that some companies in India might shy away from hiring young
women. When they do, the women might face a reduction in
compensation as firms compensate for higher lifetime costs.

12. SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE
(PREVENTION,
PROHIBITION AND
REDRESSED) ACT, 2013)

13. SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSED) ACT, 2013)
• An Act to provide protection against sexual
harassment of women at workplace and for the
prevention and redressal of complaints of sexual
harassment and for matters connected therewith
or incidental thereto.
• It was passed by the Lok Sabha on 3 September
2012 & by the Rajya Sabha on 26 February 2013.
• The Bill got the assent of the President on 23
April 2013. The Act came into force from 9
December 2013

14. • 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.
• 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.
MAJOR FEATURES

15. • The Act will ensure that women are protected against
sexual harassment at all the work places, be it in public
or private. This will contribute to realisation of their
right to gender equality, life and liberty and equality in
working conditions everywhere.
• The sense of security at the workplace will improve
women's participation in work, resulting in their
economic empowerment and inclusive growth.
• The Vishaka Guidelines – a set of procedural guidelines
for use in India in cases of sexual harassment of
women at the workplace. They were promoted by the
Supreme Court in 1997 and superseded in 2013 by this
Act.

16. PENAL CODE
• Penalties range from one to three years
of imprisonment and/or a fine.
• Additionally, with sexual harassment
being a crime, employers are obligated
to report the offences.

17. • Brinda Karat, serving in the Rajya Sabha initially
complained that the Bill does not cover women in the
armed forces and agricultural work. However, the final
bill includes the clause "No woman shall be subjected to
sexual harassment at any workplace" (clause 3.1), and is
considered to have addressed those concerns.
• In the May 2012 draft Bill, the burden of proof is on the
women who complain of harassment. If found guilty of
making a false complaint or giving false evidence, she
could be prosecuted, which has raised concerns about
women being even more afraid of reporting offences.
CRITISISMS

18. • Manoj Mitta of The Times of India complained that
Bill does not protect men, saying it "is based on the
premise that only female employees needed to be
safeguarded”.
• There is no stipulated liability of the employers in
cases of employee-to-employee harassment,
something upheld in many countries.
• The law requires a 3rd part NGO to be involved,
which could make employers less comfortable in
reporting grievances – due to confidentiality
concerns.

19. EQUAL
REMUNERATION ACT,
1976

20. OBJECT OF THE ACT
• The Equal Remuneration Act, 1976 aims to
provide for the payment of equal
remuneration to men and women workers
and for the prevention of discrimination, on
the ground of sex, against women in the
matter of employment and for matters
connected therewith or incidental thereto.

21. WHEN & WHY WAS THIS ACT
INTRODUCED
WHEN?
8th March, 1976
WHY?
• The Equal Remuneration Act, 1976 was passed with
the aim of providing equal remuneration to men &
women workers and prevent discrimination on the
basis of gender in all matters relating to
employment & employment opportunities.
• This legislation not only provides women with the
right to demand equal pay, but any inequality with
respect to recruitment process, job training,
promotions and transfers within the organisation
can also be charged.

22. SALIENT FEATURES
• The Act is a Central Legislation and applies to
whole of India.
• Applies to all workers even if engaged for a
day or few days.
• The ministry of labour and the Central
Advisory committee are responsible for
enforcing the act
• When the employer doesn’t comply with the
provisions of the act, he will be liable to pay
the fine or imprisonment or both
• Any settlement or agreement that is harmful
for true employee isn't allowed.

23. IF, AFTER THE COMMENCEMENT OF THIS ACT,
ANY EMPLOYER –
• makes any recruitment in contravention of the
[provisions of this Act, or
• makes any payment or remuneration at unequal
rates to men and women worker, for the same
work or a work of similar nature, or
• makes any discrimination between men and
women workers in contravention of the
provisions of this Act]
HE SHALL BE PUNISHABLE
With a fine of Rs.10,000 – 20,000 Or with
imprisonment for 3 months- 1 year or both for the
1st offence.
And with imprisonment which may extend to 2
years for the 2nd and subsequent offences.

24. NON-APPLICABILITY
• Nothing in this act shall apply to any special
treatment accorded to women in connection
with –
I. The birth or expected birth of a child, or
II. The terms and conditions relating to
retirement, marriage or death or to any
provision made in connection with the
retirement, marriage or death

25. THE FACTORIES ACT 1948

26. DEFINITION
• The Factories Act, 1948 (Act No. 63 of 1948), as amended by the
factories (Amendment) Act, 1987 (Act 20 of 1987), serves to assist in
formulating national policies in India with respect to occupational
safety and health in factories and docks in India. It deals with various
problems concerning safety, health, efficiency and well-being of the
persons at work places.

27. EMPLOYMENT OF WOMEN
All the provisions of the Factories Act regarding
employment and work of adult male workers apply
to adult female workers expect the following
provisions which apply to adult female workers only:
1.WORK ON OR NEAR MACHINERY IN MOTION
Section 22(2) of The Factories Act, 1948 provides
that no women shall be allowed to clean, lubricant
or adjust any part of a prime mover or of any
transmission machinery while the prime mover or
transmission machinery is in motion.

28. 2.PROHIBITION OF EMPLOYMENT NEAR
COTTON-OPENERS
Section 27 of The Factories Act, 1948 prohibits
employment of women in any part of a factory
for pressing cotton when a cotton opener is at
work.
3.CRECHES :
Section 48 of the factories Act, 1948 provision of
creches in factories employing more than 30
women workers.
• Creches to be adequately lighted and ventilated
and to be under the charge of trained women.
• Prescription of rules by the state government.

29. 4.WORKING HOURS: Section 51 and 54.
A women shall not be required or allowed to work in
a factory for more than 48 hours in any week or nine
hours in any day.
5.DANGEROUS OPERATIONS: Section 87(b) in The
Factories Act, 1948.
Where the state government is of opinion that any
operation carried on in a factory exposes any person
employed in it a serious risk of bodily injury,
poisoning or disease, it may make rules prohibiting
or restricting the employment of women in the
manufacturing process or operation.

30. 6. EFFECT OF CERTIFICATE OF FITNESS GRANTED TO
FEMALE ADOLESCENT:
• Section 70 in The Factories . Act, 1948. An adolescent
who has been granted a certificate of fitness to work
in a factory as an adult and who carries a token giving
reference to the certificate shall be deemed to be an
adult for the purposes of hours of work of an adult
and the annual leave.
• No female adolescent or a male adolescent who has
not attained the age of 17 years but who has been
granted a certificate of fitness to work in a factory as
an adult shall be required or allowed to work in any
factory expect between 6 A.M and 7P.M.

31. 7.RESTRICTION ON EMPLOYMENT OF WOMEN: Section
66 of the Factories Act, 1948.
(a) A women shall be required or allowed to work in a
factory only between the hours of 6 A.M and 7 P.M.
The State Government may, by notification in the
official Gazette in respect of any factory or group or
class or description of factories, vary these limits.
(b) (b)But no such variation shall authorize the
employment of any women between the hours of 10
P.M and 5 A.M.
(c) (c) There shall be no change in shifts in the case of
women workers in a factory expect after a weekly or
any other holiday.

32. LAW PROTECTING
WOMEN WORKING NIGHT
SHIFTS

33. IMPACT OF NIGHT SHIFT WORKING ON FAMILY
AND SOCIAL LIFE
• Difficulty in managing the work life balance.
• Higher levels of job strain leading to ill health.
• Greater physical demands.
• More relationship problems due to the lack of
quality time devoted to the spouse and family.
• Higher personal stress levels than day workers -
need to manage the day to day works.
• Greater sleep loss, unhealthy lifestyle behaviors
such as smoking, poor diet & alcohol abuse
• A higher incidence of cardiovascular disease,
hypertension, and gastrointestinal disorders
• Social isolation

34. LABOUR LEGISLATION PERTAINING TO
EMPLOYEES WORKING ON NIGHT SHIFTS
• Night shifts generally refer to working hours
between 7:00 p.m. to 6:00 a.m.
• In India, legislations like the Plantation Labour
Act, 1951, Factories Act, 1948, State Shops and
Establishments Act, etc. contained provisions
restricting work during night for women.

35. 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.
• After much debate, the ban has been lifted in
majority of industries. For instance, the Factories
Act, 1948, which initially banned women from
working in night shifts, now liberalized women to
work at their desired timing. It was argued that
provisions for safety of women should be
implemented such as provision of transportation
till the doorstep of their residence rather than
their ban at work during those hours.

36. PROHIBITION OF NIGHT WORK
• According to Shops and Establishment,act no women
shall be required or allowed to work in any
establishment after 9:30 PM
• In ITs and IT Industry Provision of Women employees
working after 8PM is allowed provided transportation
till door step and other security measures for women
employees are adhered.
• 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.

37. MEASURES TO PROTECT WOMEN WORKING
IN NIGHT SHIFTS
• Special arrangements should be made for
protection of female employees working
before 6AM and 8:30PM including
transportation.
• Every vehicle transporting women employees
to be issued special pass.
• Security guard or a colleague to accompany the
driver in the cab, if a woman staff working in a
night shift is either the first to be picked or last
to be dropped
• GPS based monitoring of cabs with panic
buttons

38. MEASURES TO PROTECT WOMEN WORKING
IN NIGHT SHIFTS
• Employers should collect the identification
documents from drivers, security guards and
casual staff
• 24X7 operational CCTV at vital locations or
places such as entry/exit, common passages
etc.
• Installation of electronic doors allowing access
to work area only to authorized employees
• High security fencing to discourage human
trespassing in factory/office
premises/campuses
• Separate and secure toilets for women close to
their work station

39. MEASURES TO PROTECT WOMEN
WORKING IN NIGHT SHIFTS
• SMS alerts or information systems to be
installed
• Self defense classes to be organized at the
workplace or sponsored by the organization.
• Setting up of a sexual harassment committee
reporting to the managing director or a senior
member of the management and headed by a
woman.
• Clearly displayed emergency contact numbers
and a designated officer(s) available round the
clock to be contacted in emergency.

40. THANK YOU