1. Maternity Benefit Act, 1961
This is one of the most significant welfare laws for working women. It ensures that women employees do not face hardship during pregnancy and child-rearing stages.
Key Provisions:
- Section 5 provides for 26 weeks of paid maternity leave for women who have worked for at least 80 days in the 12 months preceding delivery.
- For a woman with two or more children, the leave is 12 weeks.
- Section 11A mandates the provision of crèche facilities in every establishment with 50 or more employees.
- Employers are prohibited from dismissing women during maternity leave.
This law ensures that the health and well-being of both mother and child are safeguarded, encouraging women to stay in the workforce without fear of job loss during motherhood.
2. Factories Act, 1948
This law provides several safeguards to ensure health, safety, and welfare of women working in factories.
Key Provisions:
- Section 22(2) prohibits women from cleaning, lubricating, or adjusting machinery while in motion, ensuring safety.
- Section 27 prohibits women from working near cotton openers, known for causing accidents.
- Section 66(1)(b) restricts night work for women (between 7 p.m. and 6 a.m.), unless notified otherwise by the State Government with safety provisions.
- Factories must provide separate toilets, washing areas, and restrooms for female workers.
This law ensures a physically safe environment, particularly for women working in industrial settings.
3. Equal Remuneration Act, 1976 (Now subsumed under Code on Wages, 2019)
Gender equality in wages is a cornerstone of women’s economic empowerment.
Key Provisions:
- Employers must provide equal pay for equal work without any discrimination based on gender.
- No discrimination is allowed in recruitment, promotion, training, or transfer of women employees.
- Violators may face penalties and back-wage payments.
This provision promotes gender equity and aims to close the wage gap between men and women in India.
4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This landmark law was passed after the Vishaka Guidelines laid down by the Supreme Court in 1997.
Key Provisions:
- Section 4 mandates every employer to constitute an Internal Complaints Committee (ICC) at every office or branch with more than 10 employees.
- Section 9 provides that complaints must be filed within three months of the incident.
- Section 14 penalizes false complaints but with caution to protect genuine victims.
- The Act covers verbal, physical, and non-verbal sexual harassment, offering wide protection to women employees.
It protects women’s dignity and right to a safe working environment, a prerequisite for meaningful participation in the economy.
5. Code on Social Security, 2020
This code amalgamates multiple labour laws to expand the reach of social security, including for women.
Relevant Provisions:
- Maternity benefits, provident fund, and insurance benefits are extended to unorganized, gig, and platform women workers.
- Women in the informal sector now have access to government schemes, making the framework more inclusive.
- It also includes provisions for disability, sickness, and gratuity, particularly beneficial for women with intermittent work histories due to caregiving roles.
6. Prohibition of Child Marriage Act, 2006 & Child Labour (Prohibition and Regulation) Act, 1986
Although focused on children, these laws indirectly benefit women by reducing their socio-economic burdens.
- Girls are not allowed to marry before 18 years of age, which helps them complete education and join the workforce.
- Banning child labour protects children, especially girl children, from exploitation, and enables working mothers to ensure a better future for their daughters.
These laws empower future generations of women and break the cycle of poverty and dependence.
Constitutional Safeguards for Working Women
The Indian Constitution provides the foundation for labour and welfare laws:
- Article 14: Equality before the law
- Article 15(3): Permits the State to make special provisions for women and children
- Article 16: Equality of opportunity in public employment
- Article 39(d): Equal pay for equal work
- Article 42: State shall make provision for securing just and humane conditions of work and maternity relief
These articles form the constitutional backbone of labour laws benefiting women.
Recent Initiatives and Government Schemes
- Mahila E-Haat and MUDRA Yojana empower self-employed women.
- Pradhan Mantri Matru Vandana Yojana (PMMVY) provides partial wage compensation for pregnant women in the unorganized sector.
- Skill India Mission focuses on enhancing vocational skills among women, improving employability.
Such initiatives complement formal labour laws and make legal protections more accessible and practical.
Challenges in Implementation
Despite robust laws, enforcement remains a challenge. Many women in the unorganized sector are unaware of their rights. Internal Complaints Committees often lack proper training. Gender biases still persist in industries dominated by men. More grassroots awareness, stricter monitoring, and gender-sensitive policymaking are needed for these laws to be truly effective.
Mnemonic to Remember – “ME-FES-COP”
Use the mnemonic ME-FES-COP to recall the major labour laws for women:
- M – Maternity Benefit Act, 1961
- E – Equal Remuneration Act, 1976 / Code on Wages, 2019
- F – Factories Act, 1948
- E – Employment Safety (Sexual Harassment Act, 2013)
- S – Social Security Code, 2020
- C – Constitutional Provisions (Articles 14, 15, 16, 39, 42)
- O – Other Laws (Child Marriage & Child Labour Acts)
- P – Public Schemes (PMMVY, MUDRA, Skill India)
