Women Workforce Participation

Employers in India encouraged to promote women workforce participation

Introduction

Ministry of Labour and Employment (“Labour Ministry”) on 30 January 2024 released an advisory for employers to promote and enhance women’s participation in 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 of Advisory by the employer would also contribute to the vision of VIKSIT BHARAT (Developed India).

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 labour laws and upcoming four labour codes (enacted but not yet in force). Additionally, it outlines the provisions relating to wages, social security, working 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 labour legislations.

Measures stipulated in the Advisory (A Summary)

·       Promote women welfare, safety and health

The Advisory essentially stresses on ensuring compliance with provisions pertaining to welfare, safety and health of women under the existing labour laws. These inter alia include maintaining canteen, rest rooms, separate washrooms for men and women employees, crèche facility and first aid kit.

·       Wages and working conditions

Regarding the payment of wages, employers should ensure that prescribed minimum wages (as applicable) are paid. It must also be ensured that the time and mode of payment of wages is communicated to the employees.

In addition to the above, 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 working conditions (such as working hour limits, rest of intervals and overtime) prescribed under the applicable laws.  Wherein the women employees are required to work in night shifts, their consent must be obtained and transportation facility for 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 to create an equitable workplace for both men and women by implementing policies that are family friendly such as paternity leave, flexible working 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. They should adopt practices and extend facilities which promote women run enterprises.

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

·       Adopting Gender Neutral Practices

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

·       Training Programs

Conducting awareness programs and sensitization training for employees on gender sensitivity, diversity and prevention of sexual harassment.

·       Working women hubs

MSMEs have also been advised to have common working facilities or hostels for working women with attached crèche facilities.

·       Resource groups for women employee retention

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

Anhad Law’s Perspective

Initiative by the Labour 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 labour laws. Employers may take a hint and ensure compliance with the applicable laws.

Further, 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 diversity and inclusion objectives to offer equal employment opportunities and promoting a diverse workforce by implementing measures to address the gender gaps.   

Manishi Pathak, Founding Partner, Ranjan Jha, Partner & Nishtha Narang , Associate (delhi@anhadlaw.com) .