Women in The Workplace: Evaluating Maternity and Workplace Safety Under the New Labour Codes

In India, female empowerment and work are inextricably linked. Financial independence is frequently brought up by authors and presenters when discussing women’s empowerment, which is the independence of women and their freedom to perform on an equal basis with men. The only way to become financially independent is for women to be empowered.

Numerous surveys and statistical analyses, such as the Periodic Labour Force Survey and the National Household Survey, are carried out by the Ministry of Statistics and Program Implementation, the National Statistics Office (NSO), and many others, in order to compute the numerical data analysis on women’s participation in the workforce.

According to a recent story in the Economic Times, India wants to reach a $30 trillion economy by 2047, but in order to do so, the country’s female labor force participation rate (288% of those aged 15 and over) must rise.According to the latest report by, Periodic Labour Force Survey (July 2023- June 2024) women’s workforce participation raised from 35.9 % in 2022-23 to 40.3 percent in 2023-24.

The Maternity Benefit Act, 1961, was enacted by the Indian Parliament to regulate the employment of women during the period of maternity. It provided 12 weeks of paid maternity leave before the amendment of 2017. The main objective of the act was to ensure that, pregnancy did not hinder the working rights of women.

THE MATERNITY (AMEDMENT) ACT, 2017

The amendment was created to make the workplace for women more inclusive in the practical world. The changes that was brought after the 1961 act, brought about more significant provisions and aimed at supporting women during maternity.

1. Extended Paid Maternity Leave

One of the cornerstone provisions for the maternity benefit was the increase of leave of women from 12 months to 26 months, for two surviving children, that can be availed before 8 weeks of the due delivery date, with 18 weeks post child-birth.

2. Compulsory creche facilities

Establishment which appoints more than 50 employees must have mandatory creche facilities with a prescribed distance, for mothers to balance childcare and professional responsibilities. Women workers are permitted to visit 4 times a day to the creche facilities, including the rest intervals as well.

3. Provision for work from home

According to the amendment act, with the terms of contract and mutual agreement of the employer, after the completion of 26 weeks of the maternity leave women employees may avail “Work from home” facility.

4. Employer’s Obligation to Inform

As part of the awareness programme, the act made it mandatory for the employers to infrom the women employees about the maternity benefits during there appointment.

5. Adoptive and Commissioning mothers

The mothers who adopt a child below the age of 3 months may avail the benefit, as well as an conditioned mother may also avail the benefit.

THE OCCUPATIONAL SAFETY AND WORKING CONDITIONS CODE, 2020

The act consolidated 13 existing labour law provisions for safety and health and proper working conditions. The Occupational Safety And Working Conditions Code, 2020, subsumes 13 central labour law enactments including, The Factories Act, 1948, The Mines Act, 1952, The Contract Labour (Regulation and Abolition) Act 1970 and The inter-state migrant workmen(Regulation of Employment and Condition of Service) Act,1979.

Additionally, the act stipulates that employees must work eight hours a day, six days a week.

 Additionally, overtime pay (double the standard rate) ought to be given for labor that goes above and beyond the call of duty.

 Employees are able to depart after 180 days of work in a year.

Employment of women

As long as the employer makes arrangements for appropriate safety, holidays, and working hours, women are permitted to work night shifts from 7 PM to 6 AM with their own consent.

Recently, the number of women who can establish creche services for children under six years old was raised from 30 to 50.

 Under the code, additional benefits are provided to both general and female employees.

 DIFFICULTIES AND AREA FOR DEVELOPMENT

1. Exclusion of the Informal Sector : According to an IndiaSpend research, around 94% of women are employed in the unorganized sector in jobs including daily wage laborers, domestic servants, and agricultural workers. These women frequently do not have access to structured sectors, maternity benefits, or adequate healthcare facilities.
   According to the Periodic Labour Force Survey’s in-depth analysis of the act’s coverage for 2022–2023, women in the unorganized sector do not often receive the majority of maternity benefits.
   2. Employer Reluctance: For some employers, the expense of providing creche facilities and employing temporary substitutes has become prohibitive due to the high hiring costs.
   In order to save maternity costs, employers are choosing to hire more males than women, which has led to discrimination against the male and female workforce.
2. Lack of Paternity Leave: India, does not have any provision for the paternity leave, hence creating a major discrimination on the role of “mother” and “fathers”. As a result, the long-standing patriarchy has been maintained, with mothers having the exclusive responsibility for raising the kid. The 2017 Paternity Benefit Bill has not yet been passed into law.

POLICY RECOMMENDATIONS SUGGESTED

1. Laws That Are Inclusive Of Workers In The Unorganized Sector: The majority of women continue to labor in unorganized jobs including street vending, farming, and many other occupations.
   These workers frequently do not have access to official job benefits like health insurance and maternity leave.
   Although the 2008 Unorganized Sector Social Security Act required unorganized sector women to be eligible for maternity benefits, its implementation is still a ways off.
   Appropriate laws and policies must be passed quickly to address the problem, and their observance must be strictly enforced.
2. Campaigns for Awareness: In order to inform women of their rights, campaigns must be carried out on a regular basis throughout India, particularly in areas where maternity benefit programs are not properly implemented or where people are unaware of them.
   Some of the commercials, including “Bell Bajao,” which addressed domestic violence, and “Selfie with daughter,” which emphasized the value of having a daughter.
3. Development of Skills: The Vocational Training Program for Women, run by the Ministry of Skill Development and Entrepreneurship, provides industrial skill training through a number of programs, including Craftsman Training Schemes and many others.
   There should be more programs and training of this kind for women.
4. Observing and analyzing the mechanism of implementation : It is crucial to set up systems to track the application of gender-related policies and evaluate how they affect women’s participation in the labor.
   Policies are typically passed, but implementation is still a significant factor.
   One of the most important clauses that must be correctly applied is the maternity benefit.
   Understanding how and why gender functions may be aided by gender-responsive evaluation.
   In the future, it might also aid in bringing about the essential revelations and, consequently, the necessary actions.

As we continue to look forward with the gender-based roles and work in the society today, laws forever and always played a significant roles in tackling the discriminatory practices. Proper implementation of maternity benefit laws will also help to respect Article 14 of the Constitution and bring about equality at a greater level.

Author:– Sneha Bharti, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

REFERENCES:

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