India has fallen by two ranks on the World Economic Forum’s (WEF) Global Gender Gap Index, moving down from 127th to 129th. In South Asia, India ranks fifth, with less than 30% gender parity in estimated earned income, making it one of the worst economies for gender equality. Globally, WEF reports that 68.5% of the gender gap has closed, but at this rate, it will still take 134 years (roughly five generations) to achieve full equality.
One key reason women in India remain marginalised at work is their lack of awareness about legal protections. No matter how good the laws are, they don’t help if people don’t know they exist. As a result, women continue to face discrimination or miss out on workplace benefits simply because they are not aware of their rights.
5 must-know laws securing the rights of women at work
Here are five essential laws securing the rights of women at work. Every working woman should be aware of these laws.
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the PoSH Act)
The PoSH (Prevention of Sexual Harassment) Act aims to protect women from sexual harassment in the workplace. This law applies not only to employees but also to students in schools and colleges, as well as patients in hospitals. Employers and local authorities must establish grievance committees to handle all complaints.
The Act clearly outlines what constitutes sexual harassment, including situations where:
- There is an explicit promise of preferential treatment in employment.
- There is an implied or explicit threat of negative consequences at work.
- An explicit threat about one’s current or future job status is made.
- The work environment becomes intimidating, offensive, or hostile.
- The conduct negatively affects the health or safety of a female employee.
The Act broadly defines “employee” to include regular, temporary, ad hoc workers, daily wage earners, contract labourers, co-workers, probationers, trainees, apprentices, and even those working without pay or voluntarily, with or without the employer’s knowledge.
Under the Act, an “employer” is any individual responsible for the management, supervision, and control of the workplace, including those who create and implement the organisation’s policies.
In short, the Act ensures that anyone with authority, whether they are managing a multinational company or running a café, has to take harassment claims seriously.
2. The Equal Remuneration Act of 1976 (ERA)
The Equal Remuneration Act of 1976 aimed to ensure pay parity and prevent gender-based discrimination in the workplace. Its objective is to guarantee equal pay for equal work, regardless of gender.
The ERA Act also ensures that organisations cannot reduce existing salaries to comply with the law. This provision protects employees from potential wage cuts and guarantees that they will continue to receive the highest rate of pay available, regardless of gender.
Section 5 of The Equal Remuneration Act of 1976: No discrimination in hiring men and women
The Equal Remuneration Act forbids employers from discriminating against women in recruitment, employment, and promotions from the date it took effect. However, ERA does allow certain exceptions, such as barring women from working in hazardous environments. Additionally, the Act does not interfere with recruitment priorities for ex-servicemen, Scheduled Castes, Scheduled Tribes, retrenched employees, or any other reserved groups.
The Code on Wages, 2019, replaced the Equal Remuneration Act (ERA) since it came into effect on April 1st, 2021. Also known as the Wage Code, it modernises wage laws and recognises today’s diverse workforce. While the code does not explicitly mention LGBTQ+ employees, its provisions on non-discrimination and equal pay for equal work extend to all workers, including those from the LGBTQ+ community.
Women are frequently paid less than their male colleagues for similar work, and in many cases, they do not get any compensation. The Code on Wages, 2019, prohibits employers from paying wages below the minimum wage. The central or state governments will notify the minimum wage, ensuring that all workers, including women, receive fair compensation for their labour.
3. The Maternity Benefit Act, 1961
The Parliament of India introduced the Maternity Benefits Act in 1961 and amended it on April 1st, 2017.
- This amendment entitles a pregnant woman or expecting mother to receive 26 weeks (approximately six months) of paid maternity leave.
- The Act provides 12 weeks of maternity leave for women expecting their third or subsequent child. It also includes up to 6 weeks before the due date.
- In cases of adoption or surrogacy, mothers receive 12 weeks of maternity leave starting from the day the child is handed over.
The Maternity Benefits Act ensures that employers cannot terminate a woman’s employment during her maternity leave. It also protects pregnant women from discrimination in promotions, salary, and other work-based incentives. Additionally, companies with 50 or more employees must provide a creche facility within a specified distance. It allows female employees to visit the creche up to four times a day.
4. Right to Free Legal Aid
This right ensures that women with limited financial resources or those going through sexual assault or domestic violence can access legal help when needed. It guarantees they get proper legal representation, regardless of their financial situation. The law prevents any woman from losing her chance at justice due to lack of money, giving her a fair opportunity to fight her case in court.
5. The Factories Act, 1948
Factories that employ women must ensure their safety and provide essential facilities. Employers must offer separate toilets for women, and if there are more than 30 female employees, they are required to set up a creche.
The Factories Act protects women working in factories by setting limits on how much weight they can lift, with the government deciding the maximum load allowed. Similar rules exist under other laws, such as the Beedi and Cigar Workers Act of 1966, the Mines Act of 1952, the Inter-State Migrant Workmen Act of 1979, and the Plantation Labour Act of 1951, ensuring safer work environments across various industries.
Rights of women at work: The final thoughts
Every working woman must be aware of these laws that secure the rights of women at work. Knowing their rights allows women to advocate for themselves confidently in the workplace. It means they can demand equal pay, safeguard themselves from harassment, and ensure a balance between work and personal life.
However, it is not just employees who need to follow the rules. Employers have a legal and moral responsibility to comply with labour laws that promote gender equality and inclusivity in the workplace. Take the Companies Act 2013, for example, which requires Indian companies to have at least one woman on their boards. Yet, even after a decade, many companies still struggle with gender diversity, with only half meeting this requirement.
Let us not view these laws as just another checkbox to tick. Change won’t happen overnight, but it starts with taking action, whether it is hiring more women in leadership roles or ensuring safe, equal working conditions.
References:
Human Rights Commission: Women’s Rights in India
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we broadly define as media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
