dr l ramakrishna

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1 EMPLOYMENT OF WOMEN IN INDIA – AN OVER VIEW ON PROBLEMS & LEGAL PROVISIONS By Dr. L. Ramakrishna,* N.M.Dhanya,** & R.Lakshmi Aishwarya*** ABSTRACT The employment of women in the male dominated Indian setup is a complex in nature. The challenges in the employment of the women is mainly based on the issues such as gender bias, lack of exposure to higher studies and inequality in the pay structures. It is observed that rural women population are limited to the school level education only in comparison to that of urban women. Hence, the urban women with higher qualifications are being employed in the organised sector (both Government and Private). The rural women with lesser qualifications are utilized in local construction, service and household domestic jobs. Whereas, the women participation in agricultural, farming and other rural activities are on the higher side with biased pay practices and lower security system in their employment. Since, the Indian social system is a male dominated one, the women employees both in urban and rural areas are being subjected to one or more types of exploitations at workplace by their employers and the co-workers. The women at workplace are facing the problems such as discrimination in the name of Gender , Discrimination in the name of Caste, Discrimination in payment of Wages, Sexual Exploitation at Work Place, Sexual Exploitation on Personal Factors, Sexual Exploitation on Economical Status, Employment on the basis of Beauty and Physical factors, Employment of underage or minor girls, Employment of old age women, Racial Discrimination, Bullying, Exploitation of Social Weakness of a Women, Pay Gap on Gender basis, Diversity bases on Religion, Caste and Language, Lack of Educational Avenues and Promotions, Child Pornography, Trafficking, Cyber Crimes, etc. Hence, here it is aimed to study on the welfare measures by the Government for the working women and on the available legal remedies against their problems. Key words: Woman Employment, Workplace, Gender Difference, Harassment, Welfare & Legal Provisions, ................................................................................................................................... * Research Scholar, Department of Social Work, Annamalai University, Chidambaram. (Phone : 6303097347 / 9010621504 / [email protected]) ** Research Scholar, Department of Earth Science, Annamalai University, Chidambaram. *** Student, Department of Science, BMS Women’s College, Bengaluru.

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EMPLOYMENT OF WOMEN IN INDIA – AN OVERVIEW ON PROBLEMS & LEGAL PROVISIONS

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Page 1: DR L RAMAKRISHNA

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EMPLOYMENT OF WOMEN IN INDIA –

AN OVER VIEW ON PROBLEMS & LEGAL PROVISIONS

By

Dr. L. Ramakrishna,* N.M.Dhanya,** & R.Lakshmi Aishwarya***

ABSTRACT

The employment of women in the male dominated Indian setup is a complex in nature. The challenges in the employment of the women is mainly based on the issues such as gender bias, lack of exposure to higher studies and inequality in the pay structures. It is observed that rural women population are limited to the school level education only in comparison to that of urban women. Hence, the urban women with higher qualifications are being employed in the organised sector (both Government and Private). The rural women with lesser qualifications are utilized in local construction, service and household domestic jobs. Whereas, the women participation in agricultural, farming and other rural activities are on the higher side with biased pay practices and lower security system in their employment. Since, the Indian social system is a male dominated one, the women employees both in urban and rural areas are being subjected to one or more types of exploitations at workplace by their employers and the co-workers. The women at workplace are facing the problems such as discrimination in the name of Gender , Discrimination in the name of Caste, Discrimination in payment of Wages, Sexual Exploitation at Work Place, Sexual Exploitation on Personal Factors, Sexual Exploitation on Economical Status, Employment on the basis of Beauty and Physical factors, Employment of underage or minor girls, Employment of old age women, Racial Discrimination, Bullying, Exploitation of Social Weakness of a Women, Pay Gap on Gender basis, Diversity bases on Religion, Caste and Language, Lack of Educational Avenues and Promotions, Child Pornography, Trafficking, Cyber Crimes, etc. Hence, here it is aimed to study on the welfare measures by the Government for the working women and on the available legal remedies against their problems.

Key words: Woman Employment, Workplace, Gender Difference, Harassment, Welfare & Legal Provisions,

................................................................................................................................... * Research Scholar, Department of Social Work, Annamalai University, Chidambaram.

(Phone : 6303097347 / 9010621504 / [email protected]) ** Research Scholar, Department of Earth Science, Annamalai University, Chidambaram.

*** Student, Department of Science, BMS Women’s College, Bengaluru.

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INTRODUCTION:

In India, the employment of women forms an integral part of the labour workforce. As per the

available data published by the Catalyst, by 2050 the India will become the most populous country

in the world with a projected population of 167 crores. The women population constitute 48.1% of

the total population with a gender population gap at birth is that of 93 girls per every 100 boys born

in India. There exist fewer women than men in India while projecting the gender gap ratios. Almost

one third of population in India is younger than 15 years of age, while the older population more

than 65 years is about 7%. The employment of women in India shows that its complex culture

making employment diversity based on the religions and languages, in addition to the caste systems

in practice for years. The report on Census 2011, the women population in India is 149.8 million

with 149.8 million employed both in rural and urban areas. Whereas, 52.2 million women are being

engaged for household and other works. It is observed that there is a marginal reduction in the

women employments during the period 2001 to 2011. But, it is observed that there is an

improvement in the employment women in the rural areas compared to urban areas. The

Employment Review Report by Director General of Employment & Training (DGE&T) shows that

about 6 million women are employed in the organised sector (Public & Private Sector) and 3.2

million in community, social and personal service sectors. The Economic Survey for 2017-18

shows that proportion of women employment is reduced over time from 36% to 24% in a decade

(from 2015-16).

Fig 1: The Female Labour Force Participation Rates in India for 12 years according to International

Labour Organisation (ILO)

Source: ILOSTAT database, 2017.

The women workers constitute the most vulnerable of the workforce since their employment is least

secure, informal, unskilled jobs, engaged in low-productivity and low-paying work. The report,

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while referring to the gender equality, met-preference to the male children and empowering women

with education and economic agency are critical challenges for the Indian economy. Neglect of the

born girl child leading to adverse health and education outcomes, which in turn, affects their

economic productivity and capacity to contribute or earn an income, impacting adult women’s

mobility, decision-making power and social and eventual economic emancipation. The reasons for

the low women employment in India are the variations in nature of population composition and

status of women (both economic and social) across different states. The factors which are affecting

the women employment in India are (1) Gender Differences, (2) Access to education leading to

higher aspirations and (3) Lack of quality employment opportunities. Rural and Young women in

India are being moving into non-traditional professional jobs such as software and communication

industry. But the rate of hiring of women during 2018 is only 26% in the top roles. It is expected

that increasing women labour force participation by 10% points could increase the Indian GDP in

the coming years. Hence, there is need for creation of more avenues for jobs by way of fitting the

women into the higher responsibilities and improving the skills. The projections show that by 2027,

the working age population in India will be almost 20% of the entire global labour force.

Table 2: Labour participation rates by gender and by age group, India, 2000 and 2008

Source : International Labour Organisation, Laborsta (EAPEP simulations)

The Gender Difference and consequently preference for the male child and adult has an impact on

the economic capacities of women from birth. Male preference and consequently low regard for

females leads to inadequate health and education opportunities, from a very young age. Improper

nutrition and lack of education deters women from being healthy contributing members of the work

force. Similarly, while access to education for females has increased, many economists have

theorized that as education empowers women, employment choices for them become more

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stringent. Both social norms and lack of quality employment opportunities have an impact on the

employment options for women with secondary and tertiary education. This phenomenon is higher

in urban population, whereas significantly larger portion of women in the rural population are part

of the work force. Lack of quality employment opportunities is common in rural regions comparing

with that of urban regions. The report, shows that unemployment rate (UR) for women in rural

areas are 47/1000 compared to 21/1000 in urban areas. The female being the more vulnerable

gender, they are tending to migrate to the urban areas for the want of employment and are being

employed as contractual and temporary labourers in house hold, service based and domestic

helpers.

Table 1 : Labour Force participation rate and Unemployment Rate (per 1000) for persons aged 15

years and above according to Usual Principal Status Approach (ps) for each State in India

Source: Report on 5th Annual Employment – Unemployment Survey 2015-16, Ministry of Labour.

Report by World Economic Forum states that India’s low labour force participation rate for women

is due in part to an increase in women continuing their education, the availability of flexible

scheduling and the proximity of work locations. Rural women are leaving India’s workforce at a

faster rate than urban women. Young women are moving into non-traditional professional jobs, for

example in communications. However, in 2018 only 26% of surveyed companies had hired women

in the top-five job roles in the past five years. Increasing women’s labour force participation by 10

percentage points could add $770 billion to India’s GDP by 2025. Reaching gender parity would

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have a bigger impact in India than in any other region in the world. India’s youthful demographic

will add 234 million workers to the labour force by 2027. India’s Labour Force Will Soon Become

the Largest in the World. By 2027 the working-age population in India will be almost 20% (18.6%)

of the entire global labour force.

The Women are employed in the form of Regular / Permanent employees, Contractual and

Outsoured employments. The Women workers in general are subjected to various types of problems

and harassments at workplace. The employment is also in the form of Organised and Unorganised

Sectors. The Organised Sectors includes the Government and Private jobs, whereas the

Unorganised employments include the casual and temporary jobs by individuals, support services,

household and domestic works. The Government has framed different protective provisions in the

form of Acts, Rules, Regulations, Constitutional provisions, Codes, Implementation Agencies, etc.,

in support of the working women in India.

LAWS AFFECTING WOMEN AND LEGISLATIVE MEASURES:

The Sexual Harassment of Women at workplace (prevention, prohibition and redressal) Act

& Rules, 2013

The Building and Other Constructions (Regulation of Employment and Conditions of

Service) Act, 1996

The Factories Act, 1948.

The Inter State Migrant Workmen (RECS) Act, 1979.

The Plantations Labour Act, 1951.

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

The Maternity Benefit Act, 1961

Indian Penal Code (IPC)

The Mines Act, 1952

Contract Labour (Regulation and Abolition) Act, 1970.

The Inter-State Migrant Workmen (RECS) Act, 1979.

The Equal Remuneration Act, 1976

Industrial Employment (Standing Orders)Act, 1946 & Rules 1957

Payment of Bonus Act 1965, & Rules, 1965

Appeals under the IE(S.Os) Act, 1946

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Maternity Benefit Act & Rules, 1961

Payment of Gratuity Act, 1972

Employees Compensation Act, 1923 & Rules.

The Sales Promotion Employees (Condition of) Act and Rules.

Minimum Wages Act, 1948, M.W(C) Rules, 1950

Payment of Wages Act, 1936

Payment of Wages (Railways.) Rules, 1938

Payment of Wages (A.T.S), Rules, 1958

Payment Wages (Mines)Rules 1956

Equal Remuneration Act & Rules.

Child Labour (P&R) Act 1986 & Rules.

Right to Information Act, 2005.

National Commission for Women Act, 1990

Assisted Reproductive Technology (Regulation) Bill, 2013.

The Code of Criminal Procedure, 1973.

The Andhra Pradesh Devadasis (Prohibition of dedication) Act, 1988.

Cyber Crime Prevention against Women & Children (CCPWC).

Marital Cruelty and Section 498-A of Indian Penal Code.

Assisted Reproductive Technology (Regulation) Bill, 2014

Human Trafficking (Prevention) Bill, 2016.

Similarly, the Constitutional and Legal provisions are being implimented through Statitutory and

Regulatory Athorities such as:

National Commission for Women

Department of Child & Women Welfare

Chief Labour Commissioner

NATIONAL COMMISSION FOR WOMEN (NCW):

In accordance with the mandate of the Commission, as per Section 10 of the National Commission

for Women Act, 1990, that is to review the existing provisions of the constitution and other laws

affecting women and recommend amendments thereto so as to suggest remedial legislative

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measures to meet any lacunae, inadequacies or short comings in such legislations, the commission

during the year 2015-16 reviewed various laws and made recommendations thereto. The

commission is concerned about spreading awareness about the rights and laws related to women

and in this regard a number of awareness programmes were organized with the help of Law

colleges, universities. The commission is also concerned about the capacity building of police

officers and in furtherance of the same the commission jointly organized with Bureau and Police

Research Development Training courses for Women Police Officers in Investigation of cases

involving Crime against Women.

Recommendations by NCW: The Sexual Harassment at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 has been enacted to protect women and safeguard her rights at workplace. The

National Commission for Women (NCW) organized an interactive meeting with State Commissions

on 3.2.2015 to deliberate upon the above said Act. The Act and Rules framed thereto have put onus

on the employer to constitute Internal Complaint Committee (ICC) and on the district officer to

constitute Local Complaint Committee (LCC) to address such complaints. The suggested

recommendations were sent to Ministry of Women & Child Development as well to the State

Governments for further necessary action. The broad recommendations are:

Monitoring the constitution of ICC/LCC – The State Women Commissions should

monitor the constitution of Internal Complaint Committees and Local Complaint

Committees at district level in their respective States.

Monitoring of working of ICC/LCC – The State Women Commissions should monitor the

working of Internal Complaint Committee and Local Complaint Committees at district level

in their respective States. Video conferencing with district officers is recommended.

Awareness Programmes – The State Women Commissions should regularly hold

programmes to disseminate information about provisions of Act and rules thereto in their

respective States for its better implementation.

Internal Complaint Committees – The State Commission should also ensure the

constitution of Internal Complaint Committees in their own offices.

Collaboration with Organisations – The State Commissions should collaborate with

different organizations for holding workshops, orientation and awareness programmes for

members of ICC and to provide resource persons.

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Annual Reports – The copies of the Annual Reports pertaining to the working of the

Internal Complaint Committees and Local Complaint Committees should be provided to the

State Women Commission by the organizations and district officers.

Legal awareness programmes by NCW: Legal Awareness Generation is a paramount

importance for upliftment of women and, particularly, women living in rural areas. Women are

ignorant about their legal and other rights, their status in the society and in the family and the

solutions to the problems faced by them. National Commission for Women has revised guidelines

for conducting Legal Awareness Programmes (LAP) and developed a new

comprehensive “Standardized Module for Legal Awareness Programme about Women Related

Laws.” Module describes the syllabus / laws including recent new legislations and amendments

such as The Sexual Harassment at Work Place Act 2013 and The Criminal Amendment Laws 2013,

etc.

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,

PROHIBITION AND REDRESSAL) ACT, 2013:

The Ministry of Law & Justice has passed the Act on 22nd April 2013 and the Rules were passed on

9th December 2013. This Act is to provide:

Protection against sexual harassment of women at workplace

Presention of sexual harassment of women at workplace

Redressal of complaints of sexual harassment

Sexual Harassment at Work Place: Any unwelcome acts or behavious either directly or by

implication against a women at work place are referred as Sexual Harassment. Under the

provisions of the Sexual Harassment of Women at workplace (prevention, prohibition and

redressal) Act & Rules, 2013, the below-mentioned acts forms with sexual harassment:

Physical contact and advances

A demand or reuest for sexual favours

Making sexually coloured remarks

Any other unwelcome physical, verbal, non-verbal conduct of sexual nature.

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Further, under section 3(2) of the Act, if any of the following circumstances occurs or is present in

relation to or connected with the any act or behavior of sexual harassment among other

circumstances, it may amount to sexual harassment:

Implied or explicit promise of preferential treatment in her employment

Implied or explicit threat of detrimental treatment in her employment

Implied or explicit threat about her present or future employment status

Interference with her work or creating an inimidation or offensive or hostile work

environment for her

Humiliation treatment likely to affect her health or safety.

Aggrieved Women: According to the Act, under Section 2a, the Aggrieved Women means

In relation to a workplace, a women of any age whether employed or not, who alleges to

have been subjected to any act of sexual harassment by the respondent

In relation to a dwelling place or house, a woman of any age who is employed in such a

dwelling or house.

Respondent: Under Section 2m of the Act, the meaning of a Respondent is a person against whom

the aggrieved woman has made a complaint.

Workplace: According the Act, under Section 2o, the Work Place can be defined as:-

Any department, organisation, undertaking, establishment, enterprise, institution,

office, branch or unit which is established, owned, controlled or wholly or substantially

financed by funds provided directly or indirectly by the appropriate Government or

the local authority or a Government company or a corporation or a cooperative society.

Any private section organisation or a private venture, undertaking, enterprise,

institution, establishment, society, trust, non-governmental organisation, unit or

service provider carrying on commercial, professional, vocational, educational,

entertainmental, industrial, health services or financial activities including production,

supply, sale, distribution or service.

Any sports institute, stadium, sports complex or competition or games venue, whether

residential or not used for training, sports or other activities relating to it.

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Any place visited by the employee arising out of or during the course of employment

including transportation provided by the employer for undertaking such journey.

A dwelling or a house.

Employee: According to the Act, under Section 2f, an Employee means a person employed at a

workplace for any work on regular, temporary, adhoc or daily basis, either directly or through an

agent, including a contractor, with or without the knowledge of the principal employer, whether for

remuneration or not, or working on a voluntary basis or otherwise, whether the terms of

employment are express or implied and includes a co-worker, a contract worker, probationer,

trainee, apprentice or called by any other such name.

Employer: According to the Act, under Section 2g (i), in relation to any department, organisation,

undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate

Government or a local authority, the head of the department, organisation, undertaking,

establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate

Government or the local authority as the case may be, may by an order specify in this behalf.

Further, according to Section 2g (ii) of the Act, it is clarified that in any workplace not covered

under the above explanation, any person responsible for the management, supervision and control

of the workplace is the employer. Management includes the person or board or committee

responsible for formulation and administration of policies for such organisation. Thus with regard

to the above, the person discharging contractual obligations with respect to his or her employees is

the employer. According to Section 2g(iv) of the Act, in case of dwelling place or house, a person

or a household who employs or benefits from the employment of domestic worker, irrespective of

the number, time period or type of such worker employed or the nature of the employment or

activities performed by the domestic worker is the employer.

Duties of the Employer:

As per Section 19 of the Act, every employer shall:

Provide a safe working environment at the workplace which shall include safety from the

persons coming into contact at the workplace.

Display at any conspicuous place in the workplace, the penal consequences of sexual

harassments and the order constituting the Internal Complaint Committee (ICC).

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Organise workshops and awareness programmes at regular intervals for sensitising the

employees with the Act.

Organize orientation programmes for the members of the Internal Complaint Committee

(ICC).

Provide necessary facilities to the Internal Complaint Committee (ICC) or the Local

Complaint Committee (LCC) for dealing with the complaint and conducting an inquiry.

Assist in securing the attendance of respondent and witness before the Internal Complaint

Committee (ICC) or the Local Complaint Committee (LCC).

Make available such information to the Internal Complaint Committee (ICC) or the Local

Complaint Committee (LCC) with regard to the complaint.

Provide assistance to the woman if she chooses to file a complaint under IPC or any other

law.

Cause to initiate action under the IPC or any other law against the perpetrator or if the

aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at

the incident of sexual harassment took place.

Treat sexual harassment as misconduct under the service rules and initiate action for such

misconduct.

Monitor the timely submission of reports by the Internal Complaint Committee (ICC).

Appropriate Government: According to Section 2b of the Act, Appropriate Government means

in relation to workplace which is established, owned, controlled or wholly or substantially financed

by funds provided directly or indirectly by the Central Government or the Union Territory

administration it is the Central Government, while those by the State Government, it is the State

Government. In relation to any workplace not covered as per the above, and falls within its

territory, the appropriate Government means the State Government.

Unorganised Sector: Accordingly to Section 2(p) of the Act, the Unorganised Section in relation to

a workplace is defined as an Enterprise owned by individuals or self employed workers and

engaged in the production or sale of goods or providing service of any kind whatsoever and where

the enterprise employs workers, the number of such workers is less than 10.

Domestic Worker: According to Section 2e of the Act, Domestic Worker means a woman who is

employed to do the household work in any household for remuneration whether in cash or kind,

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either directly or through any agency on a temporary, permanent, part time or full time basis, but

does not include any member of the family of the employer.

WELFARE & PROTECTIVE PROVISIONS FOR WOMEN:

Safety/Health Measures for Women:

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean,

lubricate or adjust any part of a prime mover or of any transmission machinery while the

prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part

of any machine if the cleaning, lubrication or adjustment thereof would expose the woman

to risk of injury from any moving part either of that machine or of any adjacent machinery.

Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a

factory for pressing cotton in which a cotton opener is at work.

Prohibition of Night Work for Women:

Section 66(1) (b) of the Factories Act, 1948 states that no woman shall be required or

allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966

stipulates that no woman shall be required or allowed to work in any industrial premise

except between 6 a.m. and 7 p.m.

Section 46(1) (b) of the Mines Act, 1952 prohibits employment of women in any mine

above ground except between the hours of 6 a.m. and 7 p.m.

Prohibition of Sub-terrain Work:

Section 46(1) (b) of the Mines Act, 1952 prohibits employment of women in any part of a

mine which is below ground.

Maternity Benefit:

The Maternity Benefit Act, 1961 regulates the employment of women in certain

establishments for certain periods before and after child-birth and provides maternity

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benefits. The Building and Other Constructions (Regulation of Employment and Conditions

of Service) Act, 1996 provides for maternity benefit to female beneficiaries of the Welfare

Fund.

Provisions for Separate Latrines and Urinals:

Provision for separate latrines and urinals for female workers exist under the following:

Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 19 of the Factories Act, 1948.

Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.

Section 20 of the Mines Act, 1952.

Section 9 of the Plantations Labour Act, 1951.

Provisions for Separate Washing Facilities:

Provision for separate washing facilities for female workers exists under the following:

Section 57 of the Contract Labour (Regulation and Abolition) Act, 1970.

Section 42 of the Factories Act.

Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979.

Provision for Crèches:

Section 48 of the Factories Act, 1948.

Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.

Section 12 of the Plantations Labour Act, 1951.

Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

Section 35 of the Building and other Constructions (Regulation of Employment and

Conditions of Service) Act, 1996.

Vocational Training for Women under DGE&T:

Directorate General of -Employment & Training (DGE&T) is the nodal agency for

providing vocational training in traditional and contemporary courses and certification to

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women to meet the trained skill workforce to the industry and service sector etc. in the

country.

THE CHEIF LABOUR COMMISSIONER (CENTRAL):

The organization of the Chief Labour Commissioner (Central) also known as Central Industrial

Relations Machinery is an apex organization in the country responsible for maintaining harmonious

industrial relations mainly in the sphere of central Government. In pursuance of the

recommendation of the Royal Commission on Labour in India, the organization was set up in April,

1945 by combining the former organizations of the conciliation Officer (Railways), Supervisor of

Railway Labour and the Labour Welfare Advisor. It was then charged mainly with duties of

prevention and settlement of industrial disputes, enforcement of labour laws and to promote welfare

of workers in the industrial establishments falling within the sphere of the Central Government. It

started with a small complement of staff comprising Chief Labour Commissioner(C) at New Delhi,

3 Regional Labour Commissioners at Bombay, Kolkata & Lahore, 8 Conciliation Officers and 18

Labour Inspectors. The Conciliation Officers and Labour Inspector were re-designated as Assistant

Labour Commissioner (C) and Labour Enforcement Officer (C).

Powers to deal with by the Chief Labour Commissioner (CLC):

Industrial Employment (Standing Orders)Act, 1946 & Rules 1957

Payment of Bonus Act 1965, & Rules, 1965

Appeals under the IE(S.Os) Act, 1946

Maternity Benefit Act & Rules, 1961

Payment of Gratuity Act, 1972

Clarification/interpretation under the above said Act.

Application filed for exemption under this Act.

Appeal/ Writ Petition filed against the decision of Controlling/ Appellate Authority under

the Act.

Employees Compensation Act, 1923 & Rules.

The Sales Promotion Employees (Condition of) Act and Rules.

Minimum Wages Act, 1948, M.W(C) Rules, 1950

Payment of Wages Act, 1936

Payment of Wages (Railways.) Rules, 1938

Payment of Wages (A.T.S), Rules, 1958

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Payment Wages (Mines)Rules 1956

Equal Remuneration Act & Rules.

Child Labour (P&R) Act 1986 & Rules.

Right to Information Act, 2005

Complaints/Representation of Workmen, Unions and Employees.

Amendments in Various Labour Laws received from State Government/Ministry.

Revision of Various Dearness Allowance.

General matters of interpretation, amendment, Clarification including issue of sanction

letters relating to

Drafting of Replies to Parliament Question pertaining to above Acts.

Matters pertaining to Minimum Wages Advisory Board, Parliament Standing Committees,

Standard Notes, Annual Reports etc.

Contract Labour (Regulation and Abolition) Act, 1970 and Rules.

References received from Ministry of Labour and Employment in respect of above acts.

Inter State Migrant Workmen (Regulation of Employment and Condition of Service) Act,

1979/ Rules, 1980.

Compilation of Data pertaining to above acts and drafting of replies to Parliament

Questions.

Matters pertaining to CACLB, Parliament Standing Committees, Standard Notes, Annual

Report etc.

OBSERVATIONS & SUGGESTIONS:

It is observed that in India, out of 160 largest companies, women hold only 15% of the

Board Seats with only 6% of Board Chairs. It shows importance for women progression is

less and continues to shrink on the higher side in the management.

It is observed that Women in India earn only 65% of pay against same work performed by

the male employees. The Gender Pay Gap need to improvements.

The Diversity in Religions and Languages in India continues to influence access to some

important jobs. Even though the constitution has outlawed the caste discrimination for

employment and access to education, there is a need to reduce the influence of the caste

system on the employment of women.

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It is observed that the even though the women are closing the higher education gap with the

male populations. The male domination in the Indian society continues to influence the

provisions for women in the higher ranks at workplaces.

As per the reports available for 2018, despite rapid economic growth only 23.6% of women

aged 15 and above, have participated in the labour force compared to 78.6% of men. It

shows there is need for the provisions of reservations and creation of jobs for the

improvements in women labour force participation.

The Bain & Company – Google Report states that “If actions are not taken on an urgent

basis, then the economic and employment gap between men and women will continue to

widen in India at an alarming rate”. Going by current trends, around 400 million jobs will be

needed for women alone in the coming years. On unstable ground, Female workers will also

be the worst hit by emerging technologies. Women hold most of the administrative and data-

processing roles that artificial intelligence and other technologies threaten to usurp, citing a

2019 study by the Washington-based Institute of Women’s Policy Research. As routine jobs

become automated, the pressure on women will intensify and they will experience higher

unemployment rates. Besides, women who are actively participating in the workforce are

2.9 times more likely than men to be unemployed, it further added.

Female workers are bearing the brunt of unemployment crises in India. The labour force

participation rate (LFPR) among women in the country, already one of the world’s lowest,

continues to slide. The fall has been sharpest in the 15-24 years age group.

It is observed that the Women under Temporary, Contract and Outsourcing basis employed

in unorganised sectors and domestic employments are not aware of the legal and

constitutional provisions in the protection, safety and security of the working women and

against problems at workplace.

CONCLUSIONS:

The India working women are being living sandwiched between the Talent and the Gender

Difference (male domination) under the weak social environment. There is a need for the increase

in the women continuing their education, flexible scheduling and proximity of work locations.

Creating job opportunities is the need of the hour. By creating jobs, fuelling innovation and

furthering investment in health and education, entrepreneurship among women could transform

India’s economy and society. Motivational avenues and encouraging more and more women to

become entrepreneurs will provide a long-term solution. There is need for the improved security

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and safety measures to the working women with special regard to the women employed on

temporary, contract and outsourcing basis, by way of creating more awareness on the legal

provisions and welfare programmes for working women in India.

REFERENCES:

1. “Status of Female Employment in India”, Examining the Current Scenario, Swaniti

Initiative.

2. “Frequently asked questions on Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act & Rules, 2013”, State Resource Centre for Women,

Government of Odisha, 2014.

3. “Hand book on Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act & Rules, 2013”, for Employers / Institutions / Organisations/Internal

Complaints Committee/Local Complaints Committee, Ministry of Women and Child

Development, Government India, 2015.

4. “Organised Crimes against Young Women in India”, Dr.L.Ramakrishna & N.M.Dhanya,

Seminar, Sponsored by UGC, Under Grant-in-Aid Scheme on “Gender Sensitization in

India : Prospects and Challenges” 17Organized by Women Empowerment Cell & ICC,

Government Degree College, Gajwel, Medak, Telangana (Hyderabad), 10th March 2016

(ISBN :978-93-85132-07-0).

5. “Crimes against Women with regard to Legal Provisions and Government Intervention in

India”, Dr.L.Ramakrishna, N.M.Dhanya & R. Nimmi Vishalakshi, Seminar on “Criminal

Justice System in India – Recent Trends” organized by the University College of Law,

Osmania University, Hyderabad, 8th & 9th March 2016.

6. “Neglect & abuse against Women in India”, Dr.L.Ramakrishna & N.M.Dhanya, 2nd

International Conference on Social Work : Women’s Empowerment as a Social Intervention

Strategy” organized by Department of Social Work and Sociology of the Faculty of Social

and Human Sciences, University of Deusto, 2013.

7. “Organized Abuse & Atrocities against Women in India”, Dr. L. Ramakrishna &

N.M.Dhanya, “Social Justice for Weaker Sections” with ISBN, on the theme “Women and

Children” to Department of Political Science and Development Administration, Gandhigram

Rural Institute-Deemed University, Tamilnadu, 20th November 2013.

8. “Organized Atrocities against Women in India”, Dr.L.Ramakrishna & N.M.Dhanya,

International Conference on Social Exclusion and Inclusion of Women” organized by

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Centre for Women’s Studies, Alagappa University, Karaikudi and Mother Teresa Women’s

University, Kodaikanal, on 20th & 21st August 2013.

9. “Gender Gap Narrowing in Higher Education: HRD Survey”, Manash Pratim Gohain, The

Times of India, 8th January 2018.

10. “Labor Force Participation Rate, Female (% of Female Population Ages 15+) (Modelled

ILO Estimate), India”, World Bank Group, September 2019.

11. “Global Employment Trends for Youth, 2017: Paths to a Better Working Future”,

International Labor Organisation, 20th November 2017.

12. “Why Rural Women are falling out of India’s Workforce at faster rates than Urban

Women”, Prachi Salve, India Spend, 2019.

13. “Women are worst hit by India’s unemployment crises”, World Economic Forum, 2018.

14. The Code of Social Security, 2019.

15. “An Overview of women’s work and employment in India”, Research Gate, May 2010.

16. “The Global Gender Gap Report”, World Economic Forum, 2018.