WOMEN’S RIGHT AT WORKPLACE

 INTRODUCTION

“India has made significant economic progress in recent decades, including increasing GDP per capita. Four main variables, according to recent study, contribute to India's low—and possibly declining—FLFP rate: 1) the established patriarchal societal standards' pervasiveness, which restricts women's agency, mobility, and freedom to work; growing household incomes that, primarily based on the same standards in (, discourage women from entering the workforce; 3) The disproportionate amount of unpaid labour and unpaid caregiving that falls on women(4) The dearth of high-quality positions for women, which is exacerbated by gendered occupational segregation; and the sizeable gender wage disparity.

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It is obvious that women's current underrepresentation in paid employment in India is not the result of a lack of motivation. Urban and rural Indian women who spend the majority of their time doing housekeeping state that they would be willing to work for pay if there were open positions. Indeed, the economic case for the inclusion of educated, capable women in the workforce is compelling to according to the International Monetary Fund (IMF), India's GDP might rise by as much as 27% if women were included in the workforce at the same rate as men.There is a high chance and a need to reinterpret the social norms that control women's economic participation as the nature of labour changes in India. This research presents six new standards for rethinking the laws governing women's economic engagement, using the underrepresentation of women in the workforce in India as a well-established starting point.

-          A new welfare system for the modern workplace:

India will have to find a method to close the holes in social security and protections that currently exist while also developing new social safety nets that take the requirements of workers who are involved in new types of work into consideration. Linking protections directly to individuals rather than offering them through employers is one way to do this. As the employer-employee relationship fades away, social security provision methods will need to be rethought.

 The change in workplace

An important step in tackling workplace harassment is the Sexual Harassment of Women (Prevention, Prohibition, and Redressal) Act 2013. However, according to a 2018 survey by the Observer Research Foundation (ORF) and World Economic Forum (WEF), 84 per cent of businesses said they were unaware of the regulation.

In India, general safety is still a major issue, and the feeling of risk only serves to strengthen the social mores that limit women's freedom of movement. According to Pande (2018), 80% of Indian women must obtain their husbands' or other family members' consent before visiting a health centre. 30 The dual realities and danger perceptions materialise in ways that limit the freedom of mobility for women. The participation and freedom of women in the workforce are directly impacted by this.

Women’s Success in All Areas of the economy and Professions

A select few industries, such as education, textiles, health, and social work, have a disproportionately high proportion of women working. Furthermore, the typical income in these fields is low. Women make up only 15% of the workforce in the sectors with the highest mean pay, such as financial services and technology and communications, which also include these two. In high-skilled occupations, men outnumber women by an eight-to-one ratio. Family workers tend to be women three times more often than men. This states so true.

Growth and development led by women for an inclusive future

 chance exists to change the status quo if industries are led by women and designs are diversity-focused because women make up the largest expanding global market segment and economy.

Only 14% of companies in the India are currently run by women. Women's access to formal and collateral funding has been determined to be the biggest barrier in India, and this problem is exacerbated by cultural bias. A positive development is the recent creation of the Women Entrepreneurship Platform (WEP) by NITI Aayog.

Laws at the workplace for women

1.      The Prohibition of Sexual Harassment of Women at Workplace Act, 2013

2.      Women and The Labour Law

3.      The Maternity Benefit Act, of 1961

4.      The Factories Act, of 1948

5.      The Equal Remuneration Act, of 1976

6.      Minimum Wages Act, 1948

In general, sexual harassment at work consists of the following:

1.      physical contact and attempts;

2.      a demand or desire for sexual acts

3.      making sexually suggestive comments

4.      viewing pornography

5.      any other unwanted physical, verbal, or non-verbal action of a sexual nature.

6.      The Prohibition of Sexual Harassment of Women at Workplace Act, 2013

7.      Employers' Procedural Requirements

8.      The act specifies the requirements for employers to create an appeals process.

9.      Internal Complaints Committee setup is outlined in Section 4.

The ICC must include at least-

1.      two employees, preferable women with expertise in social work or legal knowledge,

2.      four members, under the chairmanship of a senior woman employee and;

3.      a third member, preferably from a partner non-governmental organisation.

4.      It is challenging to set up ICC at a firm with less than 10 people. In that situation, complaints may be lodged with the district-level local complaints committee (LOC).

The Complaint Process

1.      A woman who reports sexual harassment must take action swiftly to safeguard her complaint if an ICC has been setup in her place of employment.

2.      A complaint of sexual harassment must be made in accordance with Section 9 within three months of the incident stated truly.

3.      Although "grave" is not defined in the statute, if the woman can show that those conditions prevented her from appealing earlier, the deadline may be prolonged by another three months.

4.      After receiving a complaint, the ICC has 90 days to finish the investigation. The woman may be transferred to a different workplace or given leave for up to three months during the complaint investigation at the complainant's written request.

5.      The employer or the District Officer (for businesses with fewer than 10 employees) will receive a report following the conclusion of the investigation. They are then required to act on the report within 60 days.

6.      “Employers are required to ensure the timely submission of reports to the District Officer.”

7.      “Section 15 provides various factors to be considered if compensation for the aggrieved woman is deemed appropriate by the ICC which include the level of mental trauma, pain, suffering, emotional distress, medical expenses incurred, financial status of the respondent, loss in career opportunity due to the incident, and the feasibility of such payment in a lump sum or in instalments.

8.      As a result, the accused person faces a potentially significant financial loss if found liable by the ICC.”

CONCLUSION

The supreme court of India established these rules to safeguard the security of women at work and to establish the procedures for handling incidents of sexual harassment at the workplace. In the history of instances concerning sexual harassment of women, the Bhanwari Devi case is the most significant landmark case. The Indian Constitution, which is our nation's highest legislation, must always be upheld and honoured. The citizens of our nation should not be subjected to discrimination on the basis of any factor, and the fundamental rights to equality and personal liberty should be upheld.

Author: Sana Janbandhu, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.”