LEGAL SAFEGUARDS FOR WORKING WOMEN AND CHILDREN- (Article)

 

INTRODUCTION

Role of women is substantially changed as compared to the primitive times where women were supposed to serve their family and indulge primarily in domestic tasks, presently according to the statistics around 150 million population of women is employed in organised as well as unorganised sector. The numbers are continuously multiplying by every passing day but the factor of concern is women are easily prone to exploitation with respect to their rights of employment for ex. Right of get paid, right against harassment, maternity rights, right against excessive workload etc. The reasons are quite a few such as lack of awareness, dominant position of master/employer, lack of support and recognition by the family and other people but major reasons are lack of adjudicating body to the reach of everyone and stringent check mechanism which levy substantial penalties and punishments in case of any violation and misuse of position.

Lately for a long period time we are witnessing the problems of child labour, the same is illegal, highly punishable and enough to invite strict legal liabilities but some employers in order to minimise the capital employee small children under the working sites which not only violates fundamental right to life and personal liberty of a child under article 21 of the constitution of India but also deprives the child from a good education, good health, and other basic necessities of life which ultimately hinders with the potential of a child in future and his capabilities.

LEGAL SAFEGUARDS AND RIGHTS

Women belongs to a section who is often looked with a different lens in the society and often treated differently when it comes to a male parting a similar nature of employment, so rectify this issue, the role of the important rights come into the picture which covers almost every sort of potential violation of a women’s interests and works for the welfare of employed women and provide protective circle to the interests of the women. These rights levels from being paid, being compensated to developing a holistic environment to work amicably for women. Moreover, guidelines of the government under labour act and other statutes dealing with the similar references specifies the employment ground of the children in categorical and comprehensive way, violation of which is a serious offence invites not only harsh penalties and rigorous punishments but also additional legal liabilities.  

1.      Right to renumeration: Woman be it working at home, farm, factories or business is a working woman and is entitled to be paid for her services, the nature of service being parted is irrespective of the fundamental fact of being paid. Laws for working women not only specifies a woman to be paid but also be paid minimum wages that has been fixed by the government. Minimum wages for the labours have been regulated by the government differently for different areas and that could be easily acknowledged from the labour’s office as a matter of right. Secondly every women no matter what she is working has to be paid equal to a man who is working in the same occupation and the nature of the occupation doesn’t have to be purely same, both women and men have to be paid identically even if their nature of work is broadly similar. Women have to be given some special benefits during their pregnancy, after delivery, or after an abortion. According to Minimum wage act,1948 a person has to be paid minimum wages which is decided by the government and the wages are decided according to the age of the person, by hour/day/month and the mode of payment has to be strictly in cash where as it has some exceptions related to agriculture in which one could be made to be paid partly in cash or in other grants as well. According to the equal remuneration act,1976 a woman not only be paid equal to a man but also not to be discriminated under any circumstances in wages, recruitment, promotion, training or transfer and if someone does that would be a punishable offence.

2.      Right to maternity benefits: According to the maternity benefit act each woman must be made aware before joining the employment and to be granted her maternity rights and they should be granted their maternity leaves fully paid not only at later months of her pregnancy but also till after a particular period of time she has already delivered the baby, there are provisions of leave regarding any miscarriage or disease countered by the woman and also directions of timings, conditions which a woman have to work while being pregnant. There are also provisions of leave of a mother adopted a child younger than 3 months and for an authorizing mother. According to a latest amendment it is compulsory for an organisation to ensure a Maternity leave of 26 weeks for the pregnant employees in the private sector, an employee is also entitled to the maternity leave up to 26 weeks having 2 surviving children and can avail a leave period of 12 weeks from the work having more than 2 surviving children also if a women adopts a child, such employee is still entitled to the maternity leave of 12 week. These leaves will be paid plus the additional incentives such as additional leaves and medical bonus without any termination of services of the employee during the period prescribed by the act from the initial point till the last of the pregnancy. The organisations which can accommodate up to the employment of 50 or more people in an organisation are legally bound under this act to provide the work from home facilities to the pregnant employee and the additional facilitate such as creches. This facility is a mandatory facility and any denial of the same could invite harsh legal liabilities.

3.      Right to compensation: This is another crucial rights of an female employee, the rules and principles regarding compensation of the worker regulated by workman compensation act, 1923 which lays down general rule for the workers particularly labour class to how they can claim the compensation even at the bizarre conditions like even if employer is under no fault and even if the employee is injured or died due to his negligence itself. The general principals of this act is the employee is entitled to be compensated at every cost in under any circumstances if the injury or death has occurred when the employee was indulged in the work or the employer no matter whose fault it is ultimately empowering the workers for any mishappening occurred. The nature of work has been clearly specified under the act and can even be acknowledged through labour office directly as a matter of right. The type of injury or disease has also been classified under the act and amount of compensation by the 1923^rd amendment has been increased from 50,000 to 80,000 in case of death and in case of permanent disability from 60,000 to 90,000.

4.      Employment of children: Laws made to recognise and mitigate the unreasonable employment of children not only talks about the provisions, measures and laws of employment of children but also comprehensively lays down the guidelines of employment of children. Such type of employment can be broadly categorised into two categories, children below 14 years and children from 14 to 18 years talking of child below 14 years could not be employed and doing so is a punishable offence with rigorous imprisonment and fine. A child below 14 years could not be employed at all because this might deform the child, child may counter some disease or even death as at this age they are very tender and sensitive and in some cases children even come up with higher level of weakness or even permanent deformity by which they might lose any possibility and capability to work when they actually achieve the age to work and earn. Moreover, it is no necessary they a child or his deponents must file a complaint, anyone who witness child labour can easily file a complaint and the authorities have to work upon the same and cannot go away with it. Furthermore, children between the age group of 14-18 could not be employed in the factories and cannot be made to clean the parts of the heavy machines. They are specifically made not to work at the factories as they can be adversely affected in terms of their health due to inhaling harmful chemicals like glass or wool. These harmful gasses and particle are poisonous for children if continually exposed to. Also, children pledging of labour act, 1933 any person be it deponent of a person of the employer whosoever pledges the children will be punished if complained and might also be fined rigorously.

 

 -Siddharth

Maharaja Agrasen Institute of Management Studies.