Summary of this article
New labour codes mandate equal pay for equal work and gender-neutral employment policies.
Women are now allowed to work night shifts, but employer needs to ensure safety and transport.
Mandatory crèche facilities and nursing breaks for women in establishments with 50+ employees are now mandatory.
The new labour codes have brought a slew of changes for women workers. They mark a significant step in making workplaces safe for women while also ensuring no gender-based discrimination, by way of including provisions, such as equal wages for equal work rule. These, along with other provisions, bring gender parity across all establishments and encourage women’s participation in the workforce.
Here are the changes in the labour codes that are specific to women workers.
Equal Treatment, Safety, And Opportunities
The reforms under the Code on Wages, 2019, mandate no gender-based discriminatory practices. The code specifies equal pay for equal work and prohibits bias in recruitment and employment conditions. These changes seek to ensure parity and promote equitable treatment throughout employment.
The codes expand opportunities for women by permitting them to work in all types of organisations, and work at night (before 6 in the morning and beyond 7 in the evening) if they are willing. However, in such cases, employers have to make the proper arrangements for their safety, facilities, and transportation. By providing safety and a suitable environment, the codes promote women's participation.
Motherhood Support
Women’s participation in the workforce typically remains higher at a young age, but motherhood is a juncture after which many women exit the workforce due to the lack of a support system.
In this regard, the code on social security has made some significant changes. A woman is eligible for maternity benefits if she has worked for at least 80 days in the 12 months immediately preceding the delivery. The maternity leave can be taken for a maximum period of 26 weeks, with up to a maximum of eight weeks’ leave before the expected date of delivery. The maternity leave benefits apply to the non-traditional forms of childbirth as well. The mother who adopts a child below three months or a commissioning mother using surrogacy is entitled to 12 weeks of maternity benefit.
Under the Code on Social Security, the rules regarding the submission of pregnancy and related documents have been simplified. Now, a woman worker can submit the proof of pregnancy, delivery, miscarriage, or related illnesses by filling up a form. More importantly, this form can not only be issued by a registered medical practitioner, but also by an accredited social health activist (ASHA), a qualified auxiliary nurse, or a midwife.
In case, employer does not provide free prenatal (before birth) care, confinement, and postnatal (after birth) care, there is now a provision of a medical bonus of Rs 3,500.
Flexibility And Representation
According to the new codes, an organisation employing 50 employees or more must provide a crèche facility within a prescribed distance. However, it could be a separate or a common facility. They must allow women four visits a day to their children less than six years old in the crèche. Besides, a mother is entitled to two breaks during her daily work for nursing the child until the child reaches 15 months of age.
Women can also avail of work-from-home facilities wherever possible; however, with mutual agreement with the employer.
Women Representation In Grievance Redressal Committee And Advisory Boards
In addition to this, the Industrial Relations Code 2020 mandates adequate representation of women in the grievance redressal committee (GRC). It mandates that women’s participation in GRC should not be less than their proportion in the total workforce. It is to ensure that women’s issues are raised and addressed more sensitively.
Further, one-third of the members in the Central and State Advisory Boards must be women. These advisory boards give advice on revision of minimum wages, employment opportunities for women, etc., and a minimum participation of women would mean an inclusive environment and balanced employment policies.
Notably, women’s participation in the workforce has increased from 22 per cent in 2017-18 to 40.30 per cent in 2023-24. Yet, they face various challenges in continuing work after childbirth due to a rigid working environment and the lack of a support system. The new codes address these issues with an aim to encourage women and enable them to contribute fully to the country’s growth.
