UNIVERSITY OF LUCKNOW

ACKNOWLEDGMENT

I would like to express my sincere gratitude to our Professor, Dr. Shweta Srivastava for her
invaluable guidance, support, and expertise during the completion of this assignment on "Special
Provisions Relating to Employment of Women”. Her profound knowledge and insights in the
field of employment law, particularly concerning women's rights and protections, have been
instrumental in shaping the content and direction of this work. Her thoughtful feedback,
constructive criticism, and encouragement have significantly contributed to the quality and depth
of this assignment.

I express my deepest gratitude for her mentorship, expertise, and dedication to our academic
growth. I am privileged to have had the opportunity to learn from such a distinguished educator
and look forward to applying the knowledge and skills gained from this assignment in my future
endeavors.

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INTRODUCTION

The employment landscape in India has witnessed significant transformations in recent decades,
particularly concerning the provisions relating to the employment of women. This assignment
aims to delve deep into the intricate legal framework and regulations governing women's
employment rights and opportunities in India. India boasts a comprehensive legal framework
designed to promote gender equality, ensure fair treatment, and protect the rights of women in
the workplace. These provisions are enshrined in various laws and regulations, each playing a
vital role in shaping the employment landscape for women across different sectors and
industries.

One of the cornerstone laws addressing women's employment rights is the Maternity Benefit
Act, which provides essential protections to pregnant women and new mothers in the workforce.
The Act mandates paid maternity leave, nursing breaks, and other benefits, ensuring that women
can balance their professional and personal responsibilities without facing discrimination or
adverse consequences. In addition to the Maternity Benefit Act, the Equal Remuneration Act
serves as a critical tool in combating gender-based wage discrimination. This Act mandates equal
pay for equal work and prohibits employers from discriminating against women in matters of
remuneration, benefits, or terms of employment solely based on gender.

Furthermore, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and

Redressal) Act plays a pivotal role in creating a safe and harassment-free work environment for
women. The Act requires employers to establish Internal Complaints Committees (ICCs) to
address complaints of sexual harassment and ensure prompt and effective redressal mechanisms.
The Factories Act and the Shops and Establishments Acts of respective states also contain
provisions specifically aimed at protecting women workers. These laws set out regulations
concerning working hours, rest intervals, safety measures, and welfare facilities for women
employed in factories, shops, and other establishments.

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WELFARE PROVISIONS

1. The Factories Act, 1948 (Chapter V) incorporates provisions to ensure the welfare of
women workers. These include the establishment of canteens, restrooms, first aid boxes,
facilities for sitting, washing, storing, and drying cloths, and crèches for women workers
within the factory premises. These welfare measures aim to provide a favorable and
comfortable working environment for women, addressing their specific needs for health,
hygiene, and childcare.

2. The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996, mandates comprehensive welfare measures for women
construction workers. These measures include provisions for first aid facilities to address
immediate health needs, the 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. The Act enhances the overall well- being and working
conditions of women construction workers by ensuring access to essential amenities and
services at construction sites. (Under BOCW cess fund, there is provision of Maternity
benefit. This may also be added).

3. The Maternity Benefit Act, 1961 provides maternity benefits to women employees. This
act was amended in 2017. The key highlights of Maternity Benefit (Amendment) Act,
2017:
➢ Increase in Maternity leave Paid maternity leave increased to twenty-six weeks
Applicable to businesses with more than ten employees, whether in the organized or
unorganized sector.
➢ Both adoptive mother (women who lawfully adopts a child under the age of three
months) and commissioning mother shall be eligible for maternity benefit for twelve
weeks.
➢ Every business with 50 (fifty) or more employees must have a mandates creche facility.
This crèche is intended to cater to the needs of children, ensuring a convenient and safe
space for working mothers to leave their children during working hours.
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HEALTH PROVISIONS

1) The Maternity Benefit Act, 1961, is a crucial legislation that ensures the health and well-
being of women workers throughout pregnancy and childbirth. This act facilitates not
only maternity leave but also emphasizes the provision of nursing breaks for women
employees. These breaks are designed to allow mothers to attend to the needs of their
infants, promoting breastfeeding and maternal care. Employers are required to provide
these facilities and breaks to support the overall health and well-being of women.
2) The Factories Act, 1948 (Chapter III), mandates comprehensive health measures in
factories, with specific provisions catering to the well-being of women workers. It
outlines stringent requirements for maintaining cleanliness, ventilation, lighting, drinking
water, and sanitation facilities to create a healthy and conducive working environment
specifically for women. The Act necessitates the appointment of a qualified medical
practitioner dedicated to addressing the unique health needs of employees. Furthermore,
it imposes the obligation of periodic health check-ups tailored specifically to address the
health concerns and conditions affecting women workers, ensuring their overall well-
being within the industrial setting.

SAFETY PROVISIONS

1) The Factories Act, 1948 (Chapter IV) specifies safety measures for women workers,
encompassing restrictions on working near cotton openers, prohibition from cleaning,
lubricating, or adjusting any part of a machine while it is in motion, and not allowing
them to lift excessive weights. In addition to these specific provisions, the Act also
mandates generic safety measures applicable to both women and men workers, including
the fencing of machinery near which they work, regulations for work on or near
machinery in motion, and precautions against hazardous processes.
2) The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013, plays a pivotal role in fostering a safe and secure working environment by
actively preventing and addressing instances of sexual harassment in the workplace,
which indirectly contributes to enhancing women’s participation in the workforce. One of

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its key provisions is the mandatory creation of Internal Complaints Committees (ICCs)
within organizations.

These committees are responsible for addressing complaints related to sexual harassment and
ensuring a fair and confidential process for redressal. The ICC comprises both internal and
external members, including a presiding officer, representatives from among employees, and a
member from a non- governmental organization or association committed to women’s rights.
The Act outlines the procedures and timeframes for the resolution of complaints, promoting a
workplace culture that prioritizes the dignity and well-being of women employees.

The POSH act also mandates that the district administration must constitute a Local Complaints
Committee (LCC) in each district to focus on cases where the complaints are lodged against the
employer themself or in case of units with less than 10 employees where ICC is not constituted.

PROVISIONS RELATED TO WAGES

1) The Payment of Wages Act, 1936, plays a pivotal role in safeguarding the rights of
workers especially for women workers by specifying the timing and mode of wage
payments. This act outlines the frequency of wage disbursement, ensuring that employees
receive their wages regularly and in the prescribed manner. By providing a legal
framework for wage payments, the act promotes financial stability for workers,
particularly important for women supporting themselves and their families
2) The Minimum Wages Act, 1948, is a crucial piece of legislation that ensures the fixation
and periodic revision of minimum wages for various categories of employment. This
ensures that every worker, regardless of gender, receives remuneration commensurate
with the nature of their work, skills, and prevailing economic conditions. The Act helps
establish a baseline standard of living for labourers and seeks to prevent exploitation by
setting a floor wage that employers must adhere to that prevents exploitation and
guarantee that women receive fair remuneration for their work.
3) Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976, is a significant
legislation designed to eliminate gender-based wage discrimination. This act prohibits
any form of discrimination in wages based on gender and emphasizes the principle of

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equal pay for equal work and ensures women receive the same remuneration for identical
or similar work. The Act promotes fairness, nondiscrimination, and equal opportunities
for both male and female workers, fostering a more equitable work environment.

PROVISIONS RELATED TO INDUSTRIAL RELATIONS

1) Trade Unions Act, 1926: Recognizes and upholds the right of workers to freely form and
actively participate in trade unions, enabling collective bargaining activities. The Act
ensures that all workers have equal opportunities to voice their concerns, contribute to
negotiations, and participate in union activities, thereby promoting gender inclusivity
within the trade union framework
2) Industrial Disputes Act, 1947: Specifically addresses the rights and concerns of all
workers by providing comprehensive mechanisms for the settlement of industrial
disputes. The Act outlines procedures that cater to the unique needs and circumstances of
women, including provisions related to their job security during maternity periods.
Additionally, it establishes regulations governing layoff procedures, ensuring that women
workers are protected from discriminatory practices.

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CONCLUSION

In conclusion, the provisions relating to the employment of women in India represent a crucial
aspect of the country's legal framework aimed at promoting gender equality, ensuring fair
treatment, and protecting the rights of women in the workplace. The laws discussed in this
assignment, including the Maternity Benefit Act, Equal Remuneration Act, Sexual Harassment
of Women at Workplace Act, and others, play a pivotal role in shaping a more inclusive and
empowering work environment for women across various sectors and industries.

These legal provisions have made significant strides in addressing key issues such as maternity
benefits, equal pay, and workplace safety, contributing to a more equitable and conducive
working environment for women in India. However, challenges remain, including gaps in
implementation, awareness, and enforcement of these laws, as well as persistent societal attitudes
and stereotypes that hinder women's full participation and advancement in the workforce.

Moving forward, it is imperative to build upon the existing legal framework and continue efforts
to strengthen and enforce women's employment rights effectively. This includes enhancing
awareness and education about these provisions among employers and employees, ensuring
robust redressal mechanisms for grievances, and fostering a culture of inclusivity, diversity, and
gender sensitivity in workplaces.

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BIBLIOGRAPHY

1. Government of India. (1961). The Maternity Benefit Act, 1961. Retrieved from
[Link]
2. Government of India. (1976). The Equal Remuneration Act, 1976. Retrieved from
[Link]
3. Government of India. (2013). The Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013. Retrieved from
[Link]
4. Government of India. (1948). The Factories Act, 1948. Retrieved from
[Link]
5. Government of India. (1988). The Shops and Establishments Acts of Respective States.
Retrieved from respective state government websites.
6. Das, S. (2020). Women Empowerment through Legal Framework: A Study of Gender
Equality Laws in India. Journal of Legal Studies and Research, 7(2), 35-50.