Labour Codes: #24 Rights Of Women Employees Under Labour Codes

A. Introduction

The Labour Codes consolidate multiple labour laws to provide a conclusive framework which strengthens protections for women employees in the workplace. India's new Labour Codes provide clear statutory rights on maternity benefits, equal pay, welfare facilities, night shifts, and workplace safety, aiming to ensure gender equality and safer working conditions for women across organized and unorganized sectors. The Code on Wages 2019 ("Wage Code"), Code on Social Security 2020 ("SS Code"), and Code on Occupational Safety, Health and Working Conditions ("OSH Code") within the new framework now bring comprehensive protections for women employees under statutory definitions and entitlements.

B. Impact of the Labour Codes on Rights of Women Employees:

1. Equal Remuneration: The provisions of the Code on Wages prohibit gender-based wage discrimination for the same or similar work, ensuring that women receive fair remuneration equal to their male counterparts and reducing wage disparity. This creates financial security for women employees and establishes the universal principle of equal pay for equal work regardless of gender.
2. Maternity Benefits and Support: The provisions of the Social Security Code increase maternity leave to twenty-six (26) weeks, including adoptive and surrogate mothers for their first two (2) children, along with medical bonuses and facilities. This extended maternity leave supports women in continuing their careers after childbirth and promotes job retention and work-life balance.
3. Night Shift Protections: Under the provisions of the OSH Code, women may work night shifts (seven (7) PM to six (6) AM) with written consent, provided employers ensure safety, adequate breaks, and proper working conditions. This provision protects women from unsafe working conditions while enabling equal employment opportunities across all shifts.
4. Welfare Facilities: The provisions of the OSH Code require establishments with at least fifty (50) women employees to provide crèche facilities for their children. Additionally, the OSH Code mandates separate toilets and washrooms for women with proper hygiene and doors. These welfare facilities support women in balancing work and childcare responsibilities while ensuring workplace dignity.
5. Health and Safety Measures: The provisions of the OSH Code restrict women from lifting weights above prescribed limits to prevent health hazards, ensuring safety and health protection in the workplace. The new framework regulates night shifts, safe working conditions, and welfare measures specifically designed for women employees.
6. Equal Employment Opportunities: The provisions of the OSH Code allow women to work in all types of establishments, including supervisory and technical roles, with consent and safety arrangements. This enhances career growth and workplace participation for women, fostering gender-inclusive employment while emphasizing employer accountability.

C. Impact on Employers:

1. Employers will need to ensure compliance with equal remuneration requirements by reviewing existing wage structures and adjusting payroll to ensure that women employees receive equal pay for equal work as mandated under the Code on Wages, thereby eliminating gender-based wage discrimination.
2. Employers must implement expanded maternity benefit provisions including twenty-six (26) weeks of maternity leave for the first two (2) children, coverage for adoptive and surrogate mothers, and medical bonuses as per the provisions of the Social Security Code, which may increase statutory costs but supports employee retention.
3. Employers permitting night shifts for women employees must obtain written consent and ensure safety measures, adequate breaks, and proper working conditions as required under the provisions of the OSH Code, necessitating investment in safety infrastructure and protocols.
4. Establishments employing fifty (50) or more women workers are required to provide crèche facilities as mandated under the provisions of the OSH Code, and must also ensure separate toilets and washrooms with proper hygiene facilities, requiring infrastructure investment and ongoing maintenance.
5. Employers must review job assignments and workplace practices to ensure compliance with weight lifting restrictions under the provisions of the OSH Code to prevent health hazards, and facilitate equal employment opportunities across all types of work, including supervisory and technical roles, as per the provisions of the OSH Code.
6. Lastly, employers are encouraged to ensure compliance with the comprehensive framework of women's rights under the Labour Codes by fostering gender-inclusive employment, emphasizing employer accountability for workplace safety, welfare facilities, and equal opportunities, thereby reducing legal risks and promoting workplace equality.