INTRODUCTION:
Given the obstacles they encounter at work, women’s well-being has long been an issue in India. These challenges tend to have a connection to social, economic, and legal aspects. Although there are legislation and processes in place to protect the rights of women workers, they are not always adhered to by numerous corporations. With a focus on promoting maternity rights and providing social security benefits to women employees, in this blog we will study the legal and regulatory framework in place for guaranteeing the wellbeing of women workers in India.
CURRENT LEGAL AND POLICY FRAMEWORK:
Equal rights and opportunity for women are guaranteed by the Indian Constitution. The rights of women workers in India are protected by a number of laws and policies. Two significant laws that safeguard the rights of women workers in India are the Maternity Benefit Act, 1961, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
THE MATERNITY BENEFIT ACT 1961:
A significant section of Indian law, the Maternity Benefit Act, 1961, safeguards the rights of working women by providing them maternity benefits both during and after their pregnancies. All women who have worked in factories, mines, plantations, shops, or establishments with 10 or more employees for at least 80 days in the 12 months preceding their anticipated delivery date are covered by the Act.
Women employees are eligible to maternity leaves of up to 26 weeks under the Maternity Benefit Act, which includes up to eight weeks of leave prior to delivery and up to 18 weeks of leave following delivery. A woman is entitled to 12 weeks of maternity leave if she has already given birth to two or more children. Women who suffer a miscarriage or medical termination of pregnancy are also entitled to six weeks of leave.
Women who work, have a right to maternity benefits in addition to being given time off for childbirth. Benefits are paid at a rate equal to the average daily wage for the leave period. If a pregnant woman receives medical care, she is also entitled to a medical bonus of up to Rs 3,500.
Employers cannot fire or underpay female employees while they are on maternity leave, according to the Maternity Benefit Act of 1961. Additionally, if a pregnant employee’s current job is likely to have a negative impact on their health, companies are required to provide them light duty or other suitable employment.
Overall, the Maternity Benefit Act of 1961 offers major protections for Indian women employees. It assures that female employees have the right to maternity leave and benefits, and it out laws discrimination against expectant workers. There are concerned that the Act is not properly implemented and that many female workers are unaware of their legal rights. Better enforcement methods and greater understanding of the Act among both employers and employees who are women are required to solve these issues.
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act of 2013, organizations must offer a workplace that is free from harassment and safe for women. The statute broadly defines sexual harassment to cover unwanted touching, advances, and other actions that exacerbate an intimidating or hostile work environment. According to the law, businesses must set up an internal complaints committee to look into claims of sexual harassment and offer recourse for female employees who have been the targets of such behaviour.
Women employees in India continue to encounter a number of difficulties in spite of these laws and practices. These rules are not being implemented effectively, and many employers do not follow them. Women employees are also subject to exploitation, harassment, and discrimination at work.
RAISING AWARENESS ABOUT MATERNITY RIGHTS:
In India, many working women are unaware of their rights to maternity leave. Thus, it is important to spread knowledge of the Maternity Benefit Act of 1961 and its provisions. This might entail launching awareness campaigns, disseminating data via flyers and posters, and utilizing digital channels to reach a larger audience.
Increasing awareness concerning maternity rights may aid female workers in claiming their rights and securing better working circumstances. Additionally, it might lessen prejudice against expectant workers and advance gender equality.
PROVIDING SOCIAL SECURITY BENEFITS TO WOMEN WORKERS:
In India, social security advantages including health insurance, pension plans, and child care facilities are frequently inaccessible to female workers. Therefore, it is necessary to offer social security benefits to women who are employed, especially those who labor in the unorganized sector.
Creating pension plans is one approach to offer social security advantages to female workers. All Indian women workers might be covered under a universal pension plan established by the government. Employers, workers, and the government might all contribute to pay for the program. To aid with medical expenditures, the government might possibly provide health insurance subsidies to women employees.
Creating child care facilities at work is another approach to offer social security advantages to women employees. This might make it easier for female employees to juggle their work and family obligations and lighten the load on mothers. Government incentives, such as tax breaks or subsidies, could be given to corporations so they will build childcare facilities on the premises.
CONCLUSION:
To uphold their rights and enhance working conditions, India’s legal and legislative framework for safeguarding the welfare of women employees needs to be strengthened. Two crucial areas that require emphasis are increasing awareness of maternity rights and giving social security benefits to female workers.
Increasing knowledge of maternity rights can assist female employees in claiming their rights and requesting better working circumstances. It can also aid in promoting gender equality and reducing prejudice against expectant workers. To ensure corporations abide with the Maternity Benefit Act of 1961, better enforcement methods are required because simply increasing awareness is insufficient.
For the welfare of women employees, social security benefits are particularly crucial. Women employees who are eligible for social security benefits may find it easier to cover their fundamental necessities, such as health care, child care, and retirement benefits. More funding from the government is required to assist the implementation of social security programs for female workers.
A more thorough strategy is required to defend the rights of women workers in India in addition to these two areas. This could entail actions like bolstering labour laws, enhancing enforcement procedures, training companies and employees on gender equality, and setting up grievance redressal systems for female employees, among other things.
In order to solve the problems women employees in India confront at work, the legal and policy framework for safeguarding their wellbeing needs to be enhanced. However, a more all-encompassing strategy is required to safeguard the rights of women workers in India. Raising knowledge about maternity rights and giving social security benefits to women employees are two critical areas that require emphasis.
Author Bio
