SPECIAL PROVISIONS RELATING TO WOMEN EMPLOYEES, OSHC, Code, 2020 BY: KAMLESH CHOUDHARY

SPECIAL PROVISIONS RELATING TO WOMEN EMPLOYEES, OSHC, Code, 2020

 

AUTHORED BY: KAMLESH CHOUDHARY

3RD YEAR BBA LLB

 CORPORATE LAW, "UPES DEHRADUN"INTRODUCTION

 

 

The Occupational Safety, Health and Working Conditions Code, 2020, includes special provisions for women employees to ensure their workplace safety, health, and well-being. These provisions are designed to promote gender equality in the workplace and ensure women have equal opportunities to succeed in their careers. The special provisions relating to women employees cover a range of areas, including maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance. These provisions are intended to protect women employees from discrimination, harassment, and unsafe working conditions and to provide them with the support they need to succeed in their careers while balancing their personal and family responsibilities.

 

The importance of these provisions cannot be overstated. Women have historically faced discrimination and inequality in the workplace and have often been subject to harassment, discrimination, and unsafe working conditions. These special provisions are designed to address these issues and ensure that women are treated fairly and equitably in the workplace. By promoting the health, safety, and well-being of women employees, we can ensure that they can contribute fully to the workforce and society. Special provisions as per OSHC Code 2020 are mentioned below.

 

Maternity Benefits

Maternity benefits are an important part of the special provisions for women employees under The Occupational Safety, Health and Working Conditions Code, 2020. The Code provides for maternity benefits to ensure that women employees are able to take time off work to care for their new-borns and recover from childbirth.

Overview of maternity benefits under the Code: Under the Code, women employees are entitled to a maximum of 26 weeks of maternity leave. This is an increase from the previous entitlement of 12 weeks under the Maternity Benefit Act of 1961. In addition, women employees are eligible for a benefit amounting to their average daily wage for the duration of their leave.

 

Eligibility criteria for maternity benefits:

To be eligible for maternity benefits under the Code, women employees must have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This is a reduction from the previous requirement of 180 days under the Maternity Benefit Act, 1961 and ensures that more women are eligible for maternity benefits.

 

Duration of maternity leave:

The Code provides a maximum of 26 weeks of maternity leave, which can be taken in one or more spells. Women employees are entitled to take at least 8 weeks of maternity leave before their expected delivery date, and the remaining weeks can be taken after the delivery.

 

Payment during maternity leave: During maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer or by the appropriate government if the employer fails to do so.

 

Additional benefits for women employees with illnesses or disabilities related to pregnancy or childbirth: Women employees who have illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits under the Code. Suppose a woman employee is unable to work during her pregnancy or after the delivery due to an illness or disability related to pregnancy or childbirth. In that case, she is entitled to a benefit amounting to her average daily wage for the period of her absence. In addition, if a woman employee suffers a miscarriage or medical termination of pregnancy, she is entitled to leave with full wages for a period of 6 weeks following the date of miscarriage or termination.

 

The maternity benefits under The Occupational Safety, Health and Working Conditions Code, 2020, are an important part of the special provisions relating to women employees. These benefits ensure that women are able to take time off work to care for their newborns and recover from childbirth and are a crucial step towards promoting gender equality in the workplace.

 

Prevention of Sexual Harassment

Sexual harassment is a serious issue that can create a hostile work environment and impede the success of women employees. The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to prevent sexual harassment in the workplace and provide women employees with avenues for seeking redressal in case of harassment.

 

Employers are responsible for ensuring that their workplace is free from sexual harassment and are required to establish a committee to receive and investigate complaints of sexual harassment. The committee should consist of at least half of its members as women, and one member should be from an NGO or a civil society group working on women's rights.

 

The Code defines sexual harassment as any unwelcome act or behaviour, whether verbal or physical, that is of a sexual nature. This includes unwelcome physical contact, sexually explicit remarks, and any other unwelcome conduct that is of a sexual nature. Women employees who have been subject to sexual harassment have the right to file a complaint with their employer and seek remedies such as compensation, transfer, or termination of the harasser's employment. The employer is required to take appropriate action within 90 days of the complaint being made, failing which the employee can approach the Local Complaints Committee or the National Commission for Women for redressal. In addition, the Code also mandates that employers conduct awareness and sensitization programs on sexual harassment and its prevention. Employers are required to provide training to employees, including temporary and contractual workers, on the provisions of the law related to sexual harassment.

 

The prevention of sexual harassment is an essential aspect of ensuring the safety and well- being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for preventing and addressing sexual harassment. Employers are responsible for ensuring that their workplace is free from such harassment.

 

Equal Remuneration

The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to ensure equal remuneration for women employees. The Code recognizes that equal pay for equal work is a fundamental right of women employees and is essential for ensuring gender equality in the workplace. Employers are required to pay women employees the same wages as men for the same work or work of a similar nature. This means that women employees should receive the same wages, benefits, and allowances as their male counterparts for work that requires similar skills, efforts, and responsibilities. The Code also prohibits discrimination based on gender in matters related to recruitment, promotion, and training. Employers must ensure that there is no discrimination against women employees in these areas and that they are given equal opportunities for career growth and development.

 

In addition, the Code also mandates that employers maintain wage registers and record the wages paid to their employees, including women employees. This is to ensure transparency in the payment of wages and that women employees are not discriminated against in terms of their wages.

 

The Code also provides penalties for employers who violate the provisions related to equal remuneration. Employers who violate these provisions can be fined or imprisoned. Women employees who have been discriminated against in terms of their wages can file a complaint and seek remedies such as back wages and compensation.

 

Ensuring equal remuneration for women employees is essential to promoting gender equality in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020, provide a framework for ensuring that women employees are paid the same wages as men for the same work or work of a similar nature and are not discriminated against in matters related to recruitment, promotion, and training. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Maternity Benefits

The Occupational Safety, Health and Working Conditions Code, 2020, provides maternity benefits for women employees. These benefits are aimed at supporting women employees during their pregnancy and childbirth and are essential for promoting their health and well- being. Under the Code, women employees are eligible for maternity benefits if they have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This means that women employees are entitled to these benefits regardless of the type of work they do, whether they are permanent or contractual employees or whether they work full-time or part-time.

 

The Code provides for a maximum of 26 weeks of maternity leave. During the period of maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer and is aimed at ensuring that women employees are able to take time off from work to care for their new-born child without suffering financial hardship.

 

In addition, women employees with illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits. These benefits are aimed at providing additional support to women employees who may require extra care during their pregnancy or childbirth.

 

It is important to note that the provisions related to maternity benefits under the Code apply to all women employees, regardless of their marital status or the number of children they have. These provisions aim to ensure that women employees can take care of their health and well- being and balance their work and family responsibilities.

 

Maternity benefits are essential to ensuring the health and well-being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for ensuring that women employees can take time off from work to care for their new-born child without suffering financial hardship and receive additional support if required. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Health and Safety

The Occupational Safety, Health and Working Conditions Code, 2020 includes several provisions to ensure the health and safety of women employees in the workplace. Employers are required to provide women employees with safe and hygienic working conditions, including access to clean drinking water, toilets, and proper ventilation.

 

The Code prohibits women employees from working in any establishment that carries out hazardous work, as specified by the Central or State Government. Additionally, women employees who work night shifts are entitled to additional protections, including transportation to and from work and access to medical facilities. Employers are also required to conduct risk

 

assessments and implement measures to prevent sexual harassment and violence against female employees. This includes providing training and awareness programs for all employees and establishing a committee to receive and investigate complaints of sexual harassment.

 

Overall, these provisions are crucial for ensuring the health and safety of women employees and promoting a safe and inclusive working environment for all.

 

Work-Life Balance

Besides the maternity benefits, the Code also includes provisions to promote work-life balance for women employees. This is done by requiring employers to provide flexible work arrangements such as part-time work, telecommuting, and staggered working hours to women employees. This helps them to manage their personal and professional responsibilities better. Employers are also required to provide childcare facilities, including creches, to women employees with children under the age of six. This helps working mothers to take care of their children while they are at work.

 

Women employees are entitled to a maximum of 12 weeks of parental leave to care for their child, which can be taken in instalments. This provision allows women employees to take time off to care for their children without risking their employment. It helps to ensure that they can balance their work and family responsibilities without undue stress or pressure. Additionally, the Code allows women employees to request a transfer to a location closer to their family if they face difficulty balancing work and family responsibilities. Employers are required to consider these requests and make reasonable efforts to accommodate them. These provisions ensure that women employees are not forced to choose between their careers and their families and can maintain a healthy work-life balance.

 

Conclusion

The provisions related to maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance are crucial for supporting women employees during different stages of their life, including pregnancy, childbirth, and caring for young children. These provisions not only benefit women employees but also have a positive impact on their families and communities. Employers need to recognize the value of their women employees and provide them with the necessary support and resources to thrive in their careers. By implementing these special provisions, we can move towards a more equitable and inclusive society where everyone has equal opportunities to succeed. In addition to the provisions mentioned above, The Occupational Safety, Health and Working Conditions Code, 2020, also includes provisions to promote women's employment in all sectors of the economy, including traditionally male-dominated industries. Employers are required to maintain a gender-neutral hiring process and ensure that women employees have equal opportunities for promotion and advancement.

 

Overall, the special provisions relating to women employees under The Occupational Safety, Health and Working Conditions Code, 2020, are a significant step towards promoting gender equality in the workplace. These provisions ensure that women have access to the same opportunities and benefits as men and are protected from discrimination and harassment. By creating a safe, inclusive, and equitable work environment for women, we can achieve a more sustainable and prosperous future for all.

 

Bibliography

Primary sources

1. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020
2. SCC online
3. LexisNexis Secondary Sources Books

1. Malik, P. L. Handbook of Labour and Industrial Law. 20th ed. Easter Book Company, 2023.
2. Singh, Avtar, and Harpreet Kaur. Introduction to Labour and Industrial Laws. Lexis Nexis, 2017.

 

Journals

1. Latha, M. S., & Karthikeyan, C. (2021). The occupational safety, health and working conditions code, 2020: an overview. Indian Journal of Labour Economics, 64(3), 497- 506.
2. Singla, R., & Kaur, P. (2021). Gender-Based Provisions in the Occupational Safety, Health, and Working Conditions Code, 2020: An Appraisal. Journal of Contemporary Issues in Business and Government, 27(2), 141-149.

 

Websites

1. Ministry of Labour and

Employment: https://labour.gov.in/sites/default/files/TheOccupationalSafetyHeal thAndWorkingConditionsCode2020_0.pdf

1. India Briefing: https://www.india-briefing.com/news/new-labour-laws-2020- key-changes-companies-operating-india-20713.html/
2. PRS Legislative Research: https://www.prsindia.org/billtrack/occupational- safety-health-and-working-conditions-code-2019

SPECIAL PROVISIONS RELATING TO WOMEN EMPLOYEES, OSHC, Code, 2020

 

AUTHORED BY: KAMLESH CHOUDHARY

3RD YEAR BBA LLB

 CORPORATE LAW, "UPES DEHRADUN"INTRODUCTION

 

 

The Occupational Safety, Health and Working Conditions Code, 2020, includes special provisions for women employees to ensure their workplace safety, health, and well-being. These provisions are designed to promote gender equality in the workplace and ensure women have equal opportunities to succeed in their careers. The special provisions relating to women employees cover a range of areas, including maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance. These provisions are intended to protect women employees from discrimination, harassment, and unsafe working conditions and to provide them with the support they need to succeed in their careers while balancing their personal and family responsibilities.

 

The importance of these provisions cannot be overstated. Women have historically faced discrimination and inequality in the workplace and have often been subject to harassment, discrimination, and unsafe working conditions. These special provisions are designed to address these issues and ensure that women are treated fairly and equitably in the workplace. By promoting the health, safety, and well-being of women employees, we can ensure that they can contribute fully to the workforce and society. Special provisions as per OSHC Code 2020 are mentioned below.

 

Maternity Benefits

Maternity benefits are an important part of the special provisions for women employees under The Occupational Safety, Health and Working Conditions Code, 2020. The Code provides for maternity benefits to ensure that women employees are able to take time off work to care for their new-borns and recover from childbirth.

Overview of maternity benefits under the Code: Under the Code, women employees are entitled to a maximum of 26 weeks of maternity leave. This is an increase from the previous entitlement of 12 weeks under the Maternity Benefit Act of 1961. In addition, women employees are eligible for a benefit amounting to their average daily wage for the duration of their leave.

 

Eligibility criteria for maternity benefits:

To be eligible for maternity benefits under the Code, women employees must have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This is a reduction from the previous requirement of 180 days under the Maternity Benefit Act, 1961 and ensures that more women are eligible for maternity benefits.

 

Duration of maternity leave:

The Code provides a maximum of 26 weeks of maternity leave, which can be taken in one or more spells. Women employees are entitled to take at least 8 weeks of maternity leave before their expected delivery date, and the remaining weeks can be taken after the delivery.

 

Payment during maternity leave: During maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer or by the appropriate government if the employer fails to do so.

 

Additional benefits for women employees with illnesses or disabilities related to pregnancy or childbirth: Women employees who have illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits under the Code. Suppose a woman employee is unable to work during her pregnancy or after the delivery due to an illness or disability related to pregnancy or childbirth. In that case, she is entitled to a benefit amounting to her average daily wage for the period of her absence. In addition, if a woman employee suffers a miscarriage or medical termination of pregnancy, she is entitled to leave with full wages for a period of 6 weeks following the date of miscarriage or termination.

 

The maternity benefits under The Occupational Safety, Health and Working Conditions Code, 2020, are an important part of the special provisions relating to women employees. These benefits ensure that women are able to take time off work to care for their newborns and recover from childbirth and are a crucial step towards promoting gender equality in the workplace.

 

Prevention of Sexual Harassment

Sexual harassment is a serious issue that can create a hostile work environment and impede the success of women employees. The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to prevent sexual harassment in the workplace and provide women employees with avenues for seeking redressal in case of harassment.

 

Employers are responsible for ensuring that their workplace is free from sexual harassment and are required to establish a committee to receive and investigate complaints of sexual harassment. The committee should consist of at least half of its members as women, and one member should be from an NGO or a civil society group working on women's rights.

 

The Code defines sexual harassment as any unwelcome act or behaviour, whether verbal or physical, that is of a sexual nature. This includes unwelcome physical contact, sexually explicit remarks, and any other unwelcome conduct that is of a sexual nature. Women employees who have been subject to sexual harassment have the right to file a complaint with their employer and seek remedies such as compensation, transfer, or termination of the harasser's employment. The employer is required to take appropriate action within 90 days of the complaint being made, failing which the employee can approach the Local Complaints Committee or the National Commission for Women for redressal. In addition, the Code also mandates that employers conduct awareness and sensitization programs on sexual harassment and its prevention. Employers are required to provide training to employees, including temporary and contractual workers, on the provisions of the law related to sexual harassment.

 

The prevention of sexual harassment is an essential aspect of ensuring the safety and well- being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for preventing and addressing sexual harassment. Employers are responsible for ensuring that their workplace is free from such harassment.

 

Equal Remuneration

The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to ensure equal remuneration for women employees. The Code recognizes that equal pay for equal work is a fundamental right of women employees and is essential for ensuring gender equality in the workplace. Employers are required to pay women employees the same wages as men for the same work or work of a similar nature. This means that women employees should receive the same wages, benefits, and allowances as their male counterparts for work that requires similar skills, efforts, and responsibilities. The Code also prohibits discrimination based on gender in matters related to recruitment, promotion, and training. Employers must ensure that there is no discrimination against women employees in these areas and that they are given equal opportunities for career growth and development.

 

In addition, the Code also mandates that employers maintain wage registers and record the wages paid to their employees, including women employees. This is to ensure transparency in the payment of wages and that women employees are not discriminated against in terms of their wages.

 

The Code also provides penalties for employers who violate the provisions related to equal remuneration. Employers who violate these provisions can be fined or imprisoned. Women employees who have been discriminated against in terms of their wages can file a complaint and seek remedies such as back wages and compensation.

 

Ensuring equal remuneration for women employees is essential to promoting gender equality in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020, provide a framework for ensuring that women employees are paid the same wages as men for the same work or work of a similar nature and are not discriminated against in matters related to recruitment, promotion, and training. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Maternity Benefits

The Occupational Safety, Health and Working Conditions Code, 2020, provides maternity benefits for women employees. These benefits are aimed at supporting women employees during their pregnancy and childbirth and are essential for promoting their health and well- being. Under the Code, women employees are eligible for maternity benefits if they have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This means that women employees are entitled to these benefits regardless of the type of work they do, whether they are permanent or contractual employees or whether they work full-time or part-time.

 

The Code provides for a maximum of 26 weeks of maternity leave. During the period of maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer and is aimed at ensuring that women employees are able to take time off from work to care for their new-born child without suffering financial hardship.

 

In addition, women employees with illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits. These benefits are aimed at providing additional support to women employees who may require extra care during their pregnancy or childbirth.

 

It is important to note that the provisions related to maternity benefits under the Code apply to all women employees, regardless of their marital status or the number of children they have. These provisions aim to ensure that women employees can take care of their health and well- being and balance their work and family responsibilities.

 

Maternity benefits are essential to ensuring the health and well-being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for ensuring that women employees can take time off from work to care for their new-born child without suffering financial hardship and receive additional support if required. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Health and Safety

The Occupational Safety, Health and Working Conditions Code, 2020 includes several provisions to ensure the health and safety of women employees in the workplace. Employers are required to provide women employees with safe and hygienic working conditions, including access to clean drinking water, toilets, and proper ventilation.

 

The Code prohibits women employees from working in any establishment that carries out hazardous work, as specified by the Central or State Government. Additionally, women employees who work night shifts are entitled to additional protections, including transportation to and from work and access to medical facilities. Employers are also required to conduct risk

 

assessments and implement measures to prevent sexual harassment and violence against female employees. This includes providing training and awareness programs for all employees and establishing a committee to receive and investigate complaints of sexual harassment.

 

Overall, these provisions are crucial for ensuring the health and safety of women employees and promoting a safe and inclusive working environment for all.

 

Work-Life Balance

Besides the maternity benefits, the Code also includes provisions to promote work-life balance for women employees. This is done by requiring employers to provide flexible work arrangements such as part-time work, telecommuting, and staggered working hours to women employees. This helps them to manage their personal and professional responsibilities better. Employers are also required to provide childcare facilities, including creches, to women employees with children under the age of six. This helps working mothers to take care of their children while they are at work.

 

Women employees are entitled to a maximum of 12 weeks of parental leave to care for their child, which can be taken in instalments. This provision allows women employees to take time off to care for their children without risking their employment. It helps to ensure that they can balance their work and family responsibilities without undue stress or pressure. Additionally, the Code allows women employees to request a transfer to a location closer to their family if they face difficulty balancing work and family responsibilities. Employers are required to consider these requests and make reasonable efforts to accommodate them. These provisions ensure that women employees are not forced to choose between their careers and their families and can maintain a healthy work-life balance.

 

Conclusion

The provisions related to maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance are crucial for supporting women employees during different stages of their life, including pregnancy, childbirth, and caring for young children. These provisions not only benefit women employees but also have a positive impact on their families and communities. Employers need to recognize the value of their women employees and provide them with the necessary support and resources to thrive in their careers. By implementing these special provisions, we can move towards a more equitable and inclusive society where everyone has equal opportunities to succeed. In addition to the provisions mentioned above, The Occupational Safety, Health and Working Conditions Code, 2020, also includes provisions to promote women's employment in all sectors of the economy, including traditionally male-dominated industries. Employers are required to maintain a gender-neutral hiring process and ensure that women employees have equal opportunities for promotion and advancement.

 

Overall, the special provisions relating to women employees under The Occupational Safety, Health and Working Conditions Code, 2020, are a significant step towards promoting gender equality in the workplace. These provisions ensure that women have access to the same opportunities and benefits as men and are protected from discrimination and harassment. By creating a safe, inclusive, and equitable work environment for women, we can achieve a more sustainable and prosperous future for all.

 

Bibliography

Primary sources

1. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020
2. SCC online
3. LexisNexis Secondary Sources Books

1. Malik, P. L. Handbook of Labour and Industrial Law. 20th ed. Easter Book Company, 2023.
2. Singh, Avtar, and Harpreet Kaur. Introduction to Labour and Industrial Laws. Lexis Nexis, 2017.

 

Journals

1. Latha, M. S., & Karthikeyan, C. (2021). The occupational safety, health and working conditions code, 2020: an overview. Indian Journal of Labour Economics, 64(3), 497- 506.
2. Singla, R., & Kaur, P. (2021). Gender-Based Provisions in the Occupational Safety, Health, and Working Conditions Code, 2020: An Appraisal. Journal of Contemporary Issues in Business and Government, 27(2), 141-149.

 

Websites

1. Ministry of Labour and

Employment: https://labour.gov.in/sites/default/files/TheOccupationalSafetyHeal thAndWorkingConditionsCode2020_0.pdf

1. India Briefing: https://www.india-briefing.com/news/new-labour-laws-2020- key-changes-companies-operating-india-20713.html/
2. PRS Legislative Research: https://www.prsindia.org/billtrack/occupational- safety-health-and-working-conditions-code-2019

SPECIAL PROVISIONS RELATING TO WOMEN EMPLOYEES, OSHC, Code, 2020

 

AUTHORED BY: KAMLESH CHOUDHARY

3RD YEAR BBA LLB

 CORPORATE LAW, "UPES DEHRADUN"INTRODUCTION

 

 

The Occupational Safety, Health and Working Conditions Code, 2020, includes special provisions for women employees to ensure their workplace safety, health, and well-being. These provisions are designed to promote gender equality in the workplace and ensure women have equal opportunities to succeed in their careers. The special provisions relating to women employees cover a range of areas, including maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance. These provisions are intended to protect women employees from discrimination, harassment, and unsafe working conditions and to provide them with the support they need to succeed in their careers while balancing their personal and family responsibilities.

 

The importance of these provisions cannot be overstated. Women have historically faced discrimination and inequality in the workplace and have often been subject to harassment, discrimination, and unsafe working conditions. These special provisions are designed to address these issues and ensure that women are treated fairly and equitably in the workplace. By promoting the health, safety, and well-being of women employees, we can ensure that they can contribute fully to the workforce and society. Special provisions as per OSHC Code 2020 are mentioned below.

 

Maternity Benefits

Maternity benefits are an important part of the special provisions for women employees under The Occupational Safety, Health and Working Conditions Code, 2020. The Code provides for maternity benefits to ensure that women employees are able to take time off work to care for their new-borns and recover from childbirth.

Overview of maternity benefits under the Code: Under the Code, women employees are entitled to a maximum of 26 weeks of maternity leave. This is an increase from the previous entitlement of 12 weeks under the Maternity Benefit Act of 1961. In addition, women employees are eligible for a benefit amounting to their average daily wage for the duration of their leave.

 

Eligibility criteria for maternity benefits:

To be eligible for maternity benefits under the Code, women employees must have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This is a reduction from the previous requirement of 180 days under the Maternity Benefit Act, 1961 and ensures that more women are eligible for maternity benefits.

 

Duration of maternity leave:

The Code provides a maximum of 26 weeks of maternity leave, which can be taken in one or more spells. Women employees are entitled to take at least 8 weeks of maternity leave before their expected delivery date, and the remaining weeks can be taken after the delivery.

 

Payment during maternity leave: During maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer or by the appropriate government if the employer fails to do so.

 

Additional benefits for women employees with illnesses or disabilities related to pregnancy or childbirth: Women employees who have illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits under the Code. Suppose a woman employee is unable to work during her pregnancy or after the delivery due to an illness or disability related to pregnancy or childbirth. In that case, she is entitled to a benefit amounting to her average daily wage for the period of her absence. In addition, if a woman employee suffers a miscarriage or medical termination of pregnancy, she is entitled to leave with full wages for a period of 6 weeks following the date of miscarriage or termination.

 

The maternity benefits under The Occupational Safety, Health and Working Conditions Code, 2020, are an important part of the special provisions relating to women employees. These benefits ensure that women are able to take time off work to care for their newborns and recover from childbirth and are a crucial step towards promoting gender equality in the workplace.

 

Prevention of Sexual Harassment

Sexual harassment is a serious issue that can create a hostile work environment and impede the success of women employees. The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to prevent sexual harassment in the workplace and provide women employees with avenues for seeking redressal in case of harassment.

 

Employers are responsible for ensuring that their workplace is free from sexual harassment and are required to establish a committee to receive and investigate complaints of sexual harassment. The committee should consist of at least half of its members as women, and one member should be from an NGO or a civil society group working on women's rights.

 

The Code defines sexual harassment as any unwelcome act or behaviour, whether verbal or physical, that is of a sexual nature. This includes unwelcome physical contact, sexually explicit remarks, and any other unwelcome conduct that is of a sexual nature. Women employees who have been subject to sexual harassment have the right to file a complaint with their employer and seek remedies such as compensation, transfer, or termination of the harasser's employment. The employer is required to take appropriate action within 90 days of the complaint being made, failing which the employee can approach the Local Complaints Committee or the National Commission for Women for redressal. In addition, the Code also mandates that employers conduct awareness and sensitization programs on sexual harassment and its prevention. Employers are required to provide training to employees, including temporary and contractual workers, on the provisions of the law related to sexual harassment.

 

The prevention of sexual harassment is an essential aspect of ensuring the safety and well- being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for preventing and addressing sexual harassment. Employers are responsible for ensuring that their workplace is free from such harassment.

 

Equal Remuneration

The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to ensure equal remuneration for women employees. The Code recognizes that equal pay for equal work is a fundamental right of women employees and is essential for ensuring gender equality in the workplace. Employers are required to pay women employees the same wages as men for the same work or work of a similar nature. This means that women employees should receive the same wages, benefits, and allowances as their male counterparts for work that requires similar skills, efforts, and responsibilities. The Code also prohibits discrimination based on gender in matters related to recruitment, promotion, and training. Employers must ensure that there is no discrimination against women employees in these areas and that they are given equal opportunities for career growth and development.

 

In addition, the Code also mandates that employers maintain wage registers and record the wages paid to their employees, including women employees. This is to ensure transparency in the payment of wages and that women employees are not discriminated against in terms of their wages.

 

The Code also provides penalties for employers who violate the provisions related to equal remuneration. Employers who violate these provisions can be fined or imprisoned. Women employees who have been discriminated against in terms of their wages can file a complaint and seek remedies such as back wages and compensation.

 

Ensuring equal remuneration for women employees is essential to promoting gender equality in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020, provide a framework for ensuring that women employees are paid the same wages as men for the same work or work of a similar nature and are not discriminated against in matters related to recruitment, promotion, and training. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Maternity Benefits

The Occupational Safety, Health and Working Conditions Code, 2020, provides maternity benefits for women employees. These benefits are aimed at supporting women employees during their pregnancy and childbirth and are essential for promoting their health and well- being. Under the Code, women employees are eligible for maternity benefits if they have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This means that women employees are entitled to these benefits regardless of the type of work they do, whether they are permanent or contractual employees or whether they work full-time or part-time.

 

The Code provides for a maximum of 26 weeks of maternity leave. During the period of maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer and is aimed at ensuring that women employees are able to take time off from work to care for their new-born child without suffering financial hardship.

 

In addition, women employees with illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits. These benefits are aimed at providing additional support to women employees who may require extra care during their pregnancy or childbirth.

 

It is important to note that the provisions related to maternity benefits under the Code apply to all women employees, regardless of their marital status or the number of children they have. These provisions aim to ensure that women employees can take care of their health and well- being and balance their work and family responsibilities.

 

Maternity benefits are essential to ensuring the health and well-being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for ensuring that women employees can take time off from work to care for their new-born child without suffering financial hardship and receive additional support if required. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Health and Safety

The Occupational Safety, Health and Working Conditions Code, 2020 includes several provisions to ensure the health and safety of women employees in the workplace. Employers are required to provide women employees with safe and hygienic working conditions, including access to clean drinking water, toilets, and proper ventilation.

 

The Code prohibits women employees from working in any establishment that carries out hazardous work, as specified by the Central or State Government. Additionally, women employees who work night shifts are entitled to additional protections, including transportation to and from work and access to medical facilities. Employers are also required to conduct risk

 

assessments and implement measures to prevent sexual harassment and violence against female employees. This includes providing training and awareness programs for all employees and establishing a committee to receive and investigate complaints of sexual harassment.

 

Overall, these provisions are crucial for ensuring the health and safety of women employees and promoting a safe and inclusive working environment for all.

 

Work-Life Balance

Besides the maternity benefits, the Code also includes provisions to promote work-life balance for women employees. This is done by requiring employers to provide flexible work arrangements such as part-time work, telecommuting, and staggered working hours to women employees. This helps them to manage their personal and professional responsibilities better. Employers are also required to provide childcare facilities, including creches, to women employees with children under the age of six. This helps working mothers to take care of their children while they are at work.

 

Women employees are entitled to a maximum of 12 weeks of parental leave to care for their child, which can be taken in instalments. This provision allows women employees to take time off to care for their children without risking their employment. It helps to ensure that they can balance their work and family responsibilities without undue stress or pressure. Additionally, the Code allows women employees to request a transfer to a location closer to their family if they face difficulty balancing work and family responsibilities. Employers are required to consider these requests and make reasonable efforts to accommodate them. These provisions ensure that women employees are not forced to choose between their careers and their families and can maintain a healthy work-life balance.

 

Conclusion

The provisions related to maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance are crucial for supporting women employees during different stages of their life, including pregnancy, childbirth, and caring for young children. These provisions not only benefit women employees but also have a positive impact on their families and communities. Employers need to recognize the value of their women employees and provide them with the necessary support and resources to thrive in their careers. By implementing these special provisions, we can move towards a more equitable and inclusive society where everyone has equal opportunities to succeed. In addition to the provisions mentioned above, The Occupational Safety, Health and Working Conditions Code, 2020, also includes provisions to promote women's employment in all sectors of the economy, including traditionally male-dominated industries. Employers are required to maintain a gender-neutral hiring process and ensure that women employees have equal opportunities for promotion and advancement.

 

Overall, the special provisions relating to women employees under The Occupational Safety, Health and Working Conditions Code, 2020, are a significant step towards promoting gender equality in the workplace. These provisions ensure that women have access to the same opportunities and benefits as men and are protected from discrimination and harassment. By creating a safe, inclusive, and equitable work environment for women, we can achieve a more sustainable and prosperous future for all.

 

Bibliography

Primary sources

1. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020
2. SCC online
3. LexisNexis Secondary Sources Books

1. Malik, P. L. Handbook of Labour and Industrial Law. 20th ed. Easter Book Company, 2023.
2. Singh, Avtar, and Harpreet Kaur. Introduction to Labour and Industrial Laws. Lexis Nexis, 2017.

 

Journals

1. Latha, M. S., & Karthikeyan, C. (2021). The occupational safety, health and working conditions code, 2020: an overview. Indian Journal of Labour Economics, 64(3), 497- 506.
2. Singla, R., & Kaur, P. (2021). Gender-Based Provisions in the Occupational Safety, Health, and Working Conditions Code, 2020: An Appraisal. Journal of Contemporary Issues in Business and Government, 27(2), 141-149.

 

Websites

1. Ministry of Labour and

Employment: https://labour.gov.in/sites/default/files/TheOccupationalSafetyHeal thAndWorkingConditionsCode2020_0.pdf

1. India Briefing: https://www.india-briefing.com/news/new-labour-laws-2020- key-changes-companies-operating-india-20713.html/
2. PRS Legislative Research: https://www.prsindia.org/billtrack/occupational- safety-health-and-working-conditions-code-2019

SPECIAL PROVISIONS RELATING TO WOMEN EMPLOYEES, OSHC, Code, 2020

 

AUTHORED BY: KAMLESH CHOUDHARY

3RD YEAR BBA LLB

 CORPORATE LAW, "UPES DEHRADUN"INTRODUCTION

 

 

The Occupational Safety, Health and Working Conditions Code, 2020, includes special provisions for women employees to ensure their workplace safety, health, and well-being. These provisions are designed to promote gender equality in the workplace and ensure women have equal opportunities to succeed in their careers. The special provisions relating to women employees cover a range of areas, including maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance. These provisions are intended to protect women employees from discrimination, harassment, and unsafe working conditions and to provide them with the support they need to succeed in their careers while balancing their personal and family responsibilities.

 

The importance of these provisions cannot be overstated. Women have historically faced discrimination and inequality in the workplace and have often been subject to harassment, discrimination, and unsafe working conditions. These special provisions are designed to address these issues and ensure that women are treated fairly and equitably in the workplace. By promoting the health, safety, and well-being of women employees, we can ensure that they can contribute fully to the workforce and society. Special provisions as per OSHC Code 2020 are mentioned below.

 

Maternity Benefits

Maternity benefits are an important part of the special provisions for women employees under The Occupational Safety, Health and Working Conditions Code, 2020. The Code provides for maternity benefits to ensure that women employees are able to take time off work to care for their new-borns and recover from childbirth.

Overview of maternity benefits under the Code: Under the Code, women employees are entitled to a maximum of 26 weeks of maternity leave. This is an increase from the previous entitlement of 12 weeks under the Maternity Benefit Act of 1961. In addition, women employees are eligible for a benefit amounting to their average daily wage for the duration of their leave.

 

Eligibility criteria for maternity benefits:

To be eligible for maternity benefits under the Code, women employees must have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This is a reduction from the previous requirement of 180 days under the Maternity Benefit Act, 1961 and ensures that more women are eligible for maternity benefits.

 

Duration of maternity leave:

The Code provides a maximum of 26 weeks of maternity leave, which can be taken in one or more spells. Women employees are entitled to take at least 8 weeks of maternity leave before their expected delivery date, and the remaining weeks can be taken after the delivery.

 

Payment during maternity leave: During maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer or by the appropriate government if the employer fails to do so.

 

Additional benefits for women employees with illnesses or disabilities related to pregnancy or childbirth: Women employees who have illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits under the Code. Suppose a woman employee is unable to work during her pregnancy or after the delivery due to an illness or disability related to pregnancy or childbirth. In that case, she is entitled to a benefit amounting to her average daily wage for the period of her absence. In addition, if a woman employee suffers a miscarriage or medical termination of pregnancy, she is entitled to leave with full wages for a period of 6 weeks following the date of miscarriage or termination.

 

The maternity benefits under The Occupational Safety, Health and Working Conditions Code, 2020, are an important part of the special provisions relating to women employees. These benefits ensure that women are able to take time off work to care for their newborns and recover from childbirth and are a crucial step towards promoting gender equality in the workplace.

 

Prevention of Sexual Harassment

Sexual harassment is a serious issue that can create a hostile work environment and impede the success of women employees. The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to prevent sexual harassment in the workplace and provide women employees with avenues for seeking redressal in case of harassment.

 

Employers are responsible for ensuring that their workplace is free from sexual harassment and are required to establish a committee to receive and investigate complaints of sexual harassment. The committee should consist of at least half of its members as women, and one member should be from an NGO or a civil society group working on women's rights.

 

The Code defines sexual harassment as any unwelcome act or behaviour, whether verbal or physical, that is of a sexual nature. This includes unwelcome physical contact, sexually explicit remarks, and any other unwelcome conduct that is of a sexual nature. Women employees who have been subject to sexual harassment have the right to file a complaint with their employer and seek remedies such as compensation, transfer, or termination of the harasser's employment. The employer is required to take appropriate action within 90 days of the complaint being made, failing which the employee can approach the Local Complaints Committee or the National Commission for Women for redressal. In addition, the Code also mandates that employers conduct awareness and sensitization programs on sexual harassment and its prevention. Employers are required to provide training to employees, including temporary and contractual workers, on the provisions of the law related to sexual harassment.

 

The prevention of sexual harassment is an essential aspect of ensuring the safety and well- being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for preventing and addressing sexual harassment. Employers are responsible for ensuring that their workplace is free from such harassment.

 

Equal Remuneration

The Occupational Safety, Health and Working Conditions Code, 2020, includes provisions to ensure equal remuneration for women employees. The Code recognizes that equal pay for equal work is a fundamental right of women employees and is essential for ensuring gender equality in the workplace. Employers are required to pay women employees the same wages as men for the same work or work of a similar nature. This means that women employees should receive the same wages, benefits, and allowances as their male counterparts for work that requires similar skills, efforts, and responsibilities. The Code also prohibits discrimination based on gender in matters related to recruitment, promotion, and training. Employers must ensure that there is no discrimination against women employees in these areas and that they are given equal opportunities for career growth and development.

 

In addition, the Code also mandates that employers maintain wage registers and record the wages paid to their employees, including women employees. This is to ensure transparency in the payment of wages and that women employees are not discriminated against in terms of their wages.

 

The Code also provides penalties for employers who violate the provisions related to equal remuneration. Employers who violate these provisions can be fined or imprisoned. Women employees who have been discriminated against in terms of their wages can file a complaint and seek remedies such as back wages and compensation.

 

Ensuring equal remuneration for women employees is essential to promoting gender equality in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020, provide a framework for ensuring that women employees are paid the same wages as men for the same work or work of a similar nature and are not discriminated against in matters related to recruitment, promotion, and training. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Maternity Benefits

The Occupational Safety, Health and Working Conditions Code, 2020, provides maternity benefits for women employees. These benefits are aimed at supporting women employees during their pregnancy and childbirth and are essential for promoting their health and well- being. Under the Code, women employees are eligible for maternity benefits if they have worked for their employer for at least 80 days in the 12 months preceding their expected delivery date. This means that women employees are entitled to these benefits regardless of the type of work they do, whether they are permanent or contractual employees or whether they work full-time or part-time.

 

The Code provides for a maximum of 26 weeks of maternity leave. During the period of maternity leave, women employees are entitled to a benefit amounting to their average daily wage for the duration of their leave. This benefit is paid by the employer and is aimed at ensuring that women employees are able to take time off from work to care for their new-born child without suffering financial hardship.

 

In addition, women employees with illnesses or disabilities related to pregnancy or childbirth are entitled to additional benefits. These benefits are aimed at providing additional support to women employees who may require extra care during their pregnancy or childbirth.

 

It is important to note that the provisions related to maternity benefits under the Code apply to all women employees, regardless of their marital status or the number of children they have. These provisions aim to ensure that women employees can take care of their health and well- being and balance their work and family responsibilities.

 

Maternity benefits are essential to ensuring the health and well-being of women employees in the workplace. The provisions of The Occupational Safety, Health and Working Conditions Code, 2020 provide a framework for ensuring that women employees can take time off from work to care for their new-born child without suffering financial hardship and receive additional support if required. Employers are responsible for ensuring that they comply with these provisions and promote a culture of equality and fairness in their workplace.

 

Health and Safety

The Occupational Safety, Health and Working Conditions Code, 2020 includes several provisions to ensure the health and safety of women employees in the workplace. Employers are required to provide women employees with safe and hygienic working conditions, including access to clean drinking water, toilets, and proper ventilation.

 

The Code prohibits women employees from working in any establishment that carries out hazardous work, as specified by the Central or State Government. Additionally, women employees who work night shifts are entitled to additional protections, including transportation to and from work and access to medical facilities. Employers are also required to conduct risk

 

assessments and implement measures to prevent sexual harassment and violence against female employees. This includes providing training and awareness programs for all employees and establishing a committee to receive and investigate complaints of sexual harassment.

 

Overall, these provisions are crucial for ensuring the health and safety of women employees and promoting a safe and inclusive working environment for all.

 

Work-Life Balance

Besides the maternity benefits, the Code also includes provisions to promote work-life balance for women employees. This is done by requiring employers to provide flexible work arrangements such as part-time work, telecommuting, and staggered working hours to women employees. This helps them to manage their personal and professional responsibilities better. Employers are also required to provide childcare facilities, including creches, to women employees with children under the age of six. This helps working mothers to take care of their children while they are at work.

 

Women employees are entitled to a maximum of 12 weeks of parental leave to care for their child, which can be taken in instalments. This provision allows women employees to take time off to care for their children without risking their employment. It helps to ensure that they can balance their work and family responsibilities without undue stress or pressure. Additionally, the Code allows women employees to request a transfer to a location closer to their family if they face difficulty balancing work and family responsibilities. Employers are required to consider these requests and make reasonable efforts to accommodate them. These provisions ensure that women employees are not forced to choose between their careers and their families and can maintain a healthy work-life balance.

 

Conclusion

The provisions related to maternity benefits, prevention of sexual harassment, equal remuneration, health and safety, and work-life balance are crucial for supporting women employees during different stages of their life, including pregnancy, childbirth, and caring for young children. These provisions not only benefit women employees but also have a positive impact on their families and communities. Employers need to recognize the value of their women employees and provide them with the necessary support and resources to thrive in their careers. By implementing these special provisions, we can move towards a more equitable and inclusive society where everyone has equal opportunities to succeed. In addition to the provisions mentioned above, The Occupational Safety, Health and Working Conditions Code, 2020, also includes provisions to promote women's employment in all sectors of the economy, including traditionally male-dominated industries. Employers are required to maintain a gender-neutral hiring process and ensure that women employees have equal opportunities for promotion and advancement.

 

Overall, the special provisions relating to women employees under The Occupational Safety, Health and Working Conditions Code, 2020, are a significant step towards promoting gender equality in the workplace. These provisions ensure that women have access to the same opportunities and benefits as men and are protected from discrimination and harassment. By creating a safe, inclusive, and equitable work environment for women, we can achieve a more sustainable and prosperous future for all.

 

Bibliography

Primary sources

1. THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020
2. SCC online
3. LexisNexis Secondary Sources Books

1. Malik, P. L. Handbook of Labour and Industrial Law. 20th ed. Easter Book Company, 2023.
2. Singh, Avtar, and Harpreet Kaur. Introduction to Labour and Industrial Laws. Lexis Nexis, 2017.

 

Journals

1. Latha, M. S., & Karthikeyan, C. (2021). The occupational safety, health and working conditions code, 2020: an overview. Indian Journal of Labour Economics, 64(3), 497- 506.
2. Singla, R., & Kaur, P. (2021). Gender-Based Provisions in the Occupational Safety, Health, and Working Conditions Code, 2020: An Appraisal. Journal of Contemporary Issues in Business and Government, 27(2), 141-149.

 

Websites

1. Ministry of Labour and

Employment: https://labour.gov.in/sites/default/files/TheOccupationalSafetyHeal thAndWorkingConditionsCode2020_0.pdf

1. India Briefing: https://www.india-briefing.com/news/new-labour-laws-2020- key-changes-companies-operating-india-20713.html/
2. PRS Legislative Research: https://www.prsindia.org/billtrack/occupational- safety-health-and-working-conditions-code-2019