India Promotes Women Workforce Participation

India’s Ministry of Labor and Employment (“Labor Ministry”) on Jan. 30 released an advisory for employers to promote and enhance women’s participation in the workforce. The Advisory for Employers to Promote Women Workforce Participation (Gender Equality & Promoting Women’s Economic Empowerment) (“Advisory”) aims to create a safe, supportive and inclusive workplace for women employees. Adherence to the Advisory by the employer would also contribute to the vision of Viksit Bharat (Developed India).

The Advisory places emphasis on several initiatives taken by the government to increase women’s participation and address gender gaps to promote a diverse workforce. It also provides a brief overview of various welfare, health and safety measures to be put in place by the employer for women employees (including construction workers and migrant workers) prescribed under various existing labor laws and upcoming four labor codes—enacted but not yet in force. Additionally, it outlines the provisions relating to wages, social security, work hours, right of workers to form trade unions and settlement of industrial disputes in a precise manner. The objective behind highlighting these provisions is to bring forward the intent of the legislature to provide a safe and conducive environment for women employees.

The measures prescribed under the Advisory are suggestive and not obligatory unless compliance with the same is mandated under the labor legislations.

Measures Stipulated in the Advisory—A Summary

Promote women’s welfare, safety and health. The Advisory essentially emphasizes ensuring compliance with provisions pertaining to welfare, safety and health of women under the existing labor laws. These include maintaining a canteen, restrooms, separate washrooms for men and women employees, crèche facility and first-aid kit.

Wages and work conditions. Regarding the payment of wages, employers should ensure that prescribed minimum wages, as applicable, are paid. Employees also must be informed of the time and mode of payment of wages.

In addition to the above, the principle of equal pay for equal work should be followed and discrimination in wages based on gender should be prohibited.

Further, employers must adhere to work conditions—such as work hour limits, rest of intervals and overtime—prescribed under the applicable laws. When women employees are required to work in night shifts, their consent must be obtained and transportation facility to and from the workplace should be arranged by the employer. Further, safety measures (such as constitution of internal committee, security guards, etc.) should also be in place. Additionally, engagement of women employees in night shift must be in accordance with the statutory requirements.

Creating a balance between employment and care responsibilities. Employers should create an equitable workplace for both men and women by implementing policies that are family friendly such as paternity leave, flexible work arrangements (including work from home), emergency leaves and parental leaves.

Supporting women. Employers have been encouraged to extend support to women entrepreneurs and women-run enterprises. Employers should adopt practices and extend facilities that promote women-run enterprises.

Additionally, recruitment and performance evaluation processes that foster women employees’ career growth may be adopted. Further, it must be ensured that bias against women candidates during hiring is eliminated.

Adopting gender-neutral practices. Employers should implement measures to foster a gender-neutral workplace, the Advisory stipulated. These measures include reviewing the pay structures and practices periodically to identify and rectify gender-pay gaps, having gender neutral job advertisements, implementing guidelines to eliminate discrimination in recruitment procedure, crèche breaks to both men and women, offering balanced distribution of caregiving facilities, such as to all to create an inclusive environment.

Training programs. Employers should conduct awareness programs and sensitization training for employees on gender sensitivity, diversity and prevention of sexual harassment.

Working women hubs. Micro, small and medium enterprises have also been advised to have common work facilities or hostels for working women with attached crèche facilities.

Resource groups for women employee retention. Creation of or participation in resource groups is to be encouraged by employers. The objective is to provide direct access to women occupying leadership roles for mentorship.

Comment

The initiative by the Labor Ministry to promote women participation in the workforce can be viewed in a positive light. The Advisory appears to be a friendly reminder to employers of their existing obligations under the labor laws. Employers may take a hint and ensure compliance with the applicable laws.

Further, the Advisory not only places a special focus on creating a safe and supportive workplace environment for women, but also promotes a gender-neutral environment. Requiring the employers to extend caregiving responsibilities such as implementation of parental leaves, paternity leaves and other family-friendly measures seems to be a progressive move. Such measures can be viewed as a mutual benefit to both employer and employee. From the employee’s perspective, it will attract good talent and reduce attrition, and employees would consider it as an additional benefit.

Employers may consider defining their inclusion, equity and diversity objectives to offer equal employment opportunities and promoting a diverse workforce by implementing measures to address the gender gaps.

Manishi Pathak is an attorney with Anhad Law in New Delhi and Ahmedabad, India. Ranjan Jha is an attorney with Anhad Law in New Delhi. Nishtha Narang is an attorney with Anhad Law in Bengaluru. © 2024 Anhad Law. All rights reserved. Reposted with permission of Lexology.