This article has been written by Ms. Saina Parveen, a CS Executive level Student from the Institute of Company Secretary of India (ICSI)

INTRODUCTION

Policies for child labour

Under Factories Act 1948 special provisions and exemption is given to women and child: 

The Child and Adolescent Labour (Prohibition & Regulation) Act,1986 was enacted to prohibit the engagement of children in any occupations in contravention of the Act and prohibited adolescents to work in certain parts of factories which is applicable to the whole of India.

This deals with the employment of children below 14 years in hazardous occupations and processes and regulates the working conditions in other employments.

An adolescent is a person who has completed his fourteenth year of age but has not completed his eighteenth year.

Prohibition of employment of children in any occupations and processes:

As per section 3 of the Act, no child shall be employed or permitted to work in any occupation or process except: –

• He can work to help his family or family enterprise excluding in any hazardous occupations or processes after his school hours or during vacations;
• With the safety measures a child can work as an artist in an audio-visual entertainment industry, including advertisement, films, television serials, or any other entertainment or sports activities.
• No such work is done by neglecting the child’s school education.

Prohibition of employment of adolescents in certain hazardous occupations and processes:   

According to section 3A of the Act, no adolescent shall be permitted to work in any hazardous occupations or processes as the same is mentioned in Schedule four.

As per the fourth Schedule the hazardous occupations or processes are as under:

1. Mines (Coal mines),
2. Inflammable substances or explosives,
3. Hazardous process.
4. Such other substances as Central Government may be notified as hazardous.

Hours and Periods of work: 

1. Section 7 of the Act highlights the hours and period of work for the child and adolescent in any establishment including the interval of rest.
2. Child shall not work for a period that exceeds three hours (with adequate rest) and shall not be spread over more than six hours on any day.
3. Adolescent shall work more than three hours before he had an interval of rest of at least one hour.
4. Adolescents shall not the permitted or required to work between 7 p.m. and 8 p.m.
5. Overtime is not permitted for adolescent.
6. Adolescent is not permitted to work at the same time in any other establishment or carry two works at the same time.

Weekly holidays: 

Section 8 leads down the provision for weekly holiday, every adolescent working in an establishment is entitled each week to a whole day holiday and it will be fixed and if alteration is required then the occupier will do the same after three months.

Maintenance of register:

Every occupier shall maintain a registered showing the details of adolescent and which can be duly inspected as well, in the register the following should be mentioned:

• The name and date of birth of the adolescent 
• The nature of work 
• Hours and periods of work and interval of rest
• Proper assistant while doing a new job
• Such other particulars as may be prescribed

 

Display of notice containing abstract of sections 3A and 14:

Every railway administration, every port authority and every occupier shall display at every station a notice in local language and English language containing an abstract of Sections 3A and 14.  

Penalties:

Employment of child and or permitted any child to work in contravention by any one shall be punishable under section 3 with imprisonment of minimum 6 months and maximum 2 years along with fine of minimum 20,000 and maximum 50,000 or with both.

Employment of adolescent or permitted to work in contravention of the Act by any person is punishable as per Section 3A of minimum imprisonment upto 6 months and maximum 2 years along with fine of minimum 20,000 and maximum 50,000 or with both.

 

District Magistrate to implement the provisions:

The appropriate Government confer power and duties on a District Magistrate to ensure the provisions and properly carried out the Act as per Section 17A of the Act.

 

Policies for Women while Employment

Maternity Benefits Act,1961:

Section 39 of the Constitution of India directs the State to make policy towards securing the health and strength of workers men and women and child labour etc.

Maternity Benefits are provided to aimed to protect the dignity of motherhood and maintenance of the health of women and children when not working.

This Act is applicable to mines, factories, the circus industry, plantations, shops and establishments employing 10 or more persons. The State Government shall extend the applicability of the Act to other establishments. 

Employment of or work by women prohibited during certain periods: 

Section 4 provides that no women employees in any establishment during the 6 weeks immediately following the day of her pregnancy, any mischarge or termination of her pregnancy and also shall not work during that time. Before the 1 month of her delivery preceding the immediate period of 6 weeks of her delivery no work of long hour standing.

Right to payment of maternity benefits:

Every woman shall be entitled to the average daily wages for the period of their actual leave. 3 calendar months of the average salary immediately preceding the date of 6 weeks of her leave. The maximum period for which any women get maternity benefit shall be 26 weeks of which not more than 8 weeks shall be the expected delivery date.

If any adoption is done by a woman worker below the age of 3 months, then she shall allow maternity benefits for 12 weeks till the child is handed over to the adopting mother or the commissioning mother.

Notice of claim for maternity benefits: 

It is compulsory to give notice to the employer by the women worker to able the maternity benefits.

Nursing Breaks:

Every woman after resuming back duty shall be given 2 nursing breaks of her daily work so as to nursing the child till the age of fifteen months.

Creche Facility:

Any establishment having fifty or more employees should have Creche Facility.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013

Sexual harassment of women in the workplace is a serious concern. The victims of harassment are not only psychologically affected but affected mentally as well such as stress, depression, anxiety, shame, guilt and so on. And some time victims of sexual harassment often choose suicide as a solution.

Before the commencement of the Act woman suffers an end number of problems but not able to report the bad act done to her or if she does then also no proper justice was provided to her because of that she lost her job and suffers financial distress along with her mental and physical disturbance.

Sexual Harassment is a violation of the fundamental rights provided under the Constitution of India such as equality under Articles 14 and Article 15 with Article 21 right to life and to live with dignity and the right to practice any profession or carry out occupation, trade or business which includes right to a safe environment free from sexual harassment. 

The Vishaka Judgement was the guideline for the Act, under this the introduction of sexual harassment laid down by the Supreme Court, which was wide enough to cover all the aspects such as direct or indirect sexual conduct, physical, verbal and even written conduct of sexual harassment.

‘Sexual Harassment’ includes unwelcome sexually determined behaviour (whether directly or any indirect means) such as:

1. Physical Contact and advances;
2. A demand or request for sexual favours;
3. Sexually coloured remarks;
4. Showing pornography;
5. Any other unwell physical, verbal or non-verbal conduct of sexual nature.

Forms of Workplace Sexual Harassment are:

• Quid Pro Quo (Literally ‘this for that)
• Hostile Work Environment

The Act provides for two kinds of complaints mechanisms:

1. Internal Complaints Committee (ICC): 

The employer of the office or branch set up an “Internal Complaints Committee” for the safety of the women employees.

1. Local Complaints Committee (LCC):

It is set up at the district level by the Government and redresses complaints of sexual harassment from the unorganised sector or from the establishment that does not form ICC.

How to make complaint under the Act:

1. According to section 9 of the Act any aggrieved women may file a complaint in writing of sexual harassment at work place to Internal committee or Local committee within 3 months of the incident
2. Where the aggrieved women is unable to make a complaint in case of her physical or mental incapacity or death or otherwise, her legal heir or such other person (may be friends or colleagues) may make compliant as per the Act.

 

Needs of the Act and punishment of non-compliances of the Act:

Every woman has the right to live their life with dignity and with full of freedom in and outside the home and it includes office premises also.

Employer who are responsible to take care all the governance in the organization and the governance includes sexual harassment policy too. The Companies Act,2013 and the SEBI(LODR) Regulation covers the Sexual Harassment Act,1961 as compulsory measures of listing obligation as Sexual Harassment Policy.

Every employer who fails to comply the provision of the Act will be punished with a fine which may extend to Rs.50,000, for the repeated offence the employer will punished twice and his license for carrying on the business may even be cancelled.