WOMEN AT WORK PLACE

SQD LDR PRIYANKA SHARMA

MICHAEL
Office of registrar General &Census
Commission of India, as per Census
2011
Female worker -149.8 M

Rural- 121.8M Urban -28.0 M

Female worker -149.8 M

35.9 M (cultivator) 8.5M (house hold

industry)
43.7 M (other works)
Work participation rate
In 1981- 19.67 per cent
In 1991- 22.7 per cent
In 2001 – 25.63 per cent
In 2011 – 25.51 per cent
 Govt Company,
Govt Org Corporation. Co-operative
societies ,
Pvt Org Pvt venture, society, Trust,
Sec 2(o) & (p) NGO, Service provider
of the Act Hospitals/Nursing
Organized Home
.
Sector Sports Institute/
Facility
Dwelling
Workplace Place/House
Any place visited by employee arising out of
/during course of employment

Enterprise owned by indl/self –

employed workers
Unorganized
Sector Enterprise having less than 10
workers
WOMEN IN ORGANISZED SECTOR
•In organized sector, in March 2011 women worker constituted 20.5 percent of
total employment.
•As per Directorate General Of Employment & Training, on 31st March, 2011,
about 59.54 lakh worker were employed in the organized sector( Public and
Private Sector).
NEED FOR LAWS AND ACT
• Increased numbers of sexual harassment cases
•Safe environment
•Suitable environment
•Gender equality
•Unemployment during pregnancy
LAW RELATING TO WORKING
WOMEN
1. The prohibition of sexual harassment of women at workplace Act, 2013
2. Women and labor Laws
◦ The Maternity Benefit Act, 1961
◦ The Factories Act, 1948
◦ The equal Remuneration Act,1976
◦ Minimum Wadge Act, 1948
THE SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION
AND REDRESSAL) ACT, 2013
Object & Reason
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.
Applicability & Scope
Applicable Jurisdiction: The POSH Act extends to the ‘whole of India’
Aggrieved Woman : Sec 2(a) of the Act
Woman
Any age
Whether employed or not
Alleges to have been subjected to any act of Sexual Harassment by the Resp
Employee: Sec 2(f)
Applicability & Scope
•Definition does not necessitate the woman to be an employee, even a
customer/client who may be sexually harassed at a workplace can claim
protection under the POSH Act.
•It protects only women and is not a gender-neutral legislation.
Applicability & Scope
Sexual Harassment-Sec 2(n) of the Act

• Physical contact &

advances
• Demand/request for
sexual favours.
• Making sexually
coloured remarks.
• Showing pornography
• any other unwelcome
physical, verbal or
non-verbal conduct of
sexual nature
Sexual Harassment: Sec 3(2) of the Act
Section 3 (2) of the Act further elaborates that if any of the following circumstances occurs
or is present in relation to or connected with any act or behaviour of sexual harassment
among other circumstances, it may amount to sexual harassment:

•Promise of preferential treatment

•Threat/Detrimental treatment
•Threat about her present/future employment status
•Interference with her work
•Creating intimidating/offensive/hostile work environment
•Humiliating treatment likely to affect her health/safety
Complaint Mechanism
Sec 9 : Complaint of Sexual Harassment
• Within 3 months from the date of the incident
•In case of a series of incidents, within a period of 3 months from the date of the last
incident.
• IC(Internal committee)/LC (local committee) may extend the timeline for filing the
complaint.
•Friends, relatives, co-workers, psychologist & psychiatrists, etc. to file the complaint
in situations where the aggrieved woman is unable to make the complaint on account
of physical/mental incapacity or death.
•No prescribed format.
ICC ( Internal Complaints Committee) – Constitution &
Composition : Sec 4
• Presiding Officer who shall be a woman employed at a senior level at
workplace from amongst the employees.

• Not less than two Members from amongst employees preferably committed to
the cause of women or who have had experience in social work or have legal
knowledge.

• One member from amongst non-governmental organisations or associations

committed to the cause of women or a person familiar with the issues relating
to sexual harassment:
• Provided that at least one-half of the total Members so nominated shall be
women.
ICC: Role & Powers
Sec 10 : Conciliation

•ICC, may, before initiating an inquiry & at the request of the aggrieved woman
take steps to settle the matter between her and the respondent through
conciliation

•No monetary settlement shall be made as a basis of conciliation.

• Provide the copies of the settlement to the aggrieved woman and the
respondent.

•Where a settlement is arrived , no further inquiry shall be conducted by the ICC

ICC: Role & Powers
Sec 11: Inquiry into complaint

• ICC shall proceed to inquire as per service rules.

•Copy of findings shall be provided to both parties.
• ICC shall have powers of civil court: summoning & enforcing attendance of any
person, examining him on oath, requiring discovery & production of documents.
•Inquiry shall be completed within a period of 90 days.
•No legal practitioner allowed before ICC.
ICC: Role & Powers
Sec 12: Action during pendency of Inquiry
•During the pendency of an inquiry on a written request made by the aggrieved
woman, the ICC may recommend to the employer to—
(a) transfer the aggrieved woman or the respondent to any other workplace.
(b) grant leave to the aggrieved woman up to a period of three months.
(c) grant such other relief to the aggrieved woman a may be prescribed.

• The leave granted to the aggrieved woman under this section shall be in
addition to the leave she would be otherwise entitled.
ICC: Role & Powers
Sec 13: Inquiry Report
• On completion of inquiry, ICC shall provide a report of its finding to employer.

•If the allegation is found not to be proved, ‘R’ no action to be taken.

•If the allegation is found to be proved, ‘R’ action : treat sexual harassment as
misconduct in accordance with service rules applicable/deduct from salary any
compensation to be paid to aggrieved woman or to her legal heirs.

•Employer to act upon the ‘R’ within 60 days of its receipt.

ICC: Role & Powers
Sec 14: False/Malicious Complaint
• May ‘R’ to employer to take action against woman who made
false/malicious complaint

Sec 18: Appeal

• Appeal may be preferred to the Court/Tribunal in accordance with the
service rules applicable
Rederssal Process
Duties of Employer
Implementation of ICC in Army
AO 1/2006/DV
IHQ of MoD (Army) AG’s Br letter No 50451/SH/DV-1(P) dt 25 May 2011
IHQ of MoD (Army) AG’s Br letter No 50451/SH/DV-1(P) dt 25 Nov 2013
IHQ of MoD (Army) AG’s Br letter No 50451/47/DV-1(P) dt 13 Feb 2015
 THE MATERNITY BENEFIT ACT,
1961
In the sixth session of international labor organisation held in 1975, emphasis was laid
down on the need to make maternity protection more adequate in the following :
• Extension of maternity protection to new categories of women workers
• Extension of the period of statutory or prescribed maternity leave
• More liberal provision for extended or extra leave during child’s infancy
• Higher rates of maternity benefits
• More effective protection againt dismissal during pregnancy and after confinement
• Greater encouragement of breastfeeding and wider provision of nursing breaks
• More adequate attention to the safe and health of woman during pregnany
• Establishment by sosical security schemes or public bodies of the day nurseries to care
for infant and children of working parents
 MATERNITY BENEFITS
•During pregnancy
•After pregnancy
•Government employed women are entitled for maternity leave for 24 weeks with full pay.
•Other working women are entitled for 16 weeks maternity benefits.
•Only those Government employees can avail these benefits, which have less than two
surviving children.
•A woman is entitled to 45 days leave full wages in case of miscarriage.

•
MATERNITY BENEFITS
•Janani Sraksha Yojna was introduced.
•Section 17- complaints can be made to inspector.
•Army – GoI, MoD/letter no. B/33922/AG/PS-2(b)/943/D(AG)dated 16 Mar 2009 and case no .
B/33922/AG/PS-2(b)/943/D(AG)dated 30 Jun 2015.
THE FACTORY ACT,1948
•Women must have separate toilets and washroom with doors.
•If a factory has more than 30 women workers the employers must provide a
creche for the workers children.
•Cannot lift more than prescribed weight.
•Cannot made to work more than 48 hours in a week.
•Must get a day off in a week.
•Cannot be made to work for more than 5 hours at a stretch.
•Cannot be made to work only between 6 in the morning and 7 in the evening or
work requirement as per amended section 66 of the factories Act.
•State Government can grant exemption to nay factory or group or class of
factories, but no woman can be permitted to work during 10PM to 5PM.
•Shift can change only after a weekly or other holiday and not in between.
THE EQUAL REMUNERATION ACT,
1976
•Duty of employers to pay equal remuneration to men and women for the same
work or work of a similar nature.
•No employer shall pay to any worker, at rate less favourable than those at which
remuneration is paid by him to the worker of opposite sex for the same work or
work of similar nature.
•An employer cannot claim exemption on the ground of financial incapability
from the Equal Remuneration Act, 1976.
•No discrimination to be made while recruiting, promotion, transfer and training
men and women.
MINIMUM WADGE ACT,1948
•Women must get wage because every person who works must be paid for his/her
work.
•Every woman must be paid the same wadge as a man for the same kind of work
i.e. equal to the man and not less.
•A person must be paid least a minimum wage which is fixed by the government
under the Minimum Wadge Act, 1948.
•Minimum wadge must be fixed;-
a) Daily basis
b) Hourly basis
c) Monthly basis