THE IMPACT OF EMPLOYMENT GAPS AND GENDER DISPARITIES ON SOCIAL SECURITY BENEFITS BY - MANJARI V & NANDITHA S
THE
IMPACT OF EMPLOYMENT GAPS AND GENDER DISPARITIES ON SOCIAL SECURITY BENEFITS
AUTHORED BY - MANJARI V & NANDITHA
S
ABSTRACT
This study aims to gain a deeper understanding of the ways in
which gender- based income disparities and employment gaps impact the working
classes’ access to social security benefits. Gender inequality across India
results in unequal opportunities, which impacts the lives of both genders.
But statistically women are the most disadvantaged. While constitutional
provisions that guarantee women's freedom and equality from gender
discrimination, it is hampered by societal attitude. When women are
employed, they tend to work in low-quality jobs in vulnerable conditions, and
there is little improvement forecast in the near future, which in turn creates
employment gaps. This might occur due to various reasons particularly among
women due to personal or family responsibilities or their fragile health
conditions due to striking a balance between work and personal life.
Gender disparities in education can be seen across a number of
distributions even today. Women endure various hazards, abuses, and
vulnerabilities simply by virtue of being female. The study highlights the
current social security benefits which are officiated by the Government of
India for women and the necessity of implementing policy changes to
improve benefit systems. Understanding how gender and employment discrepancies
interact to affect social security benefits is one way that this research adds,
thereby attaining income equality and helps shape future policies.
This paper discusses the greater challenges such as Gender
disparities wherein, women are more likely to experience career
interruptions and earn less over their lifetimes compared to men.
Addressing these challenges requires systemic changes in policy, workplace
culture, and societal attitudes, which the study aims to achieve.
Keywords: Social Security, Gender Disparity, Employment Gaps, Challenges and
Policies
In order to eradicate discrimination,
promote social progress, and enhance living conditions, it is crucial to
acknowledge the worth and equality of every human, as stated in the United
Nations Organization Charter, the first international treaty.
Social Security is a
cornerstone of retirement planning and economic security for millions of
individuals. However, the benefits derived from Social Security are not equally
distributed among all beneficiaries. Two critical factors influencing the
adequacy and equity of these benefits are employment gaps and gender
disparities. Employment gaps, whether due to caregiving responsibilities,
health issues, or economic downturns, can significantly impact the amount of
Social Security benefits one receives. Similarly, gender disparities in earnings
and employment patterns contribute to a noticeable difference in Social
Security benefits between men and women.
Employment gaps often
result in reduced lifetime earnings and lower contributions to Social Security,
which in turn affects the benefits individuals receive upon retirement. For
many, these gaps can result in diminished financial security during their
retirement years, particularly if the gaps occur during pivotal periods of
career development.
Gender disparities
compound this issue, as women, on average, earn less than men and are more
likely to experience career interruptions due to caregiving responsibilities and
other factors. This lower lifetime earning potential, combined with longer life
expectancies, places women at a heightened risk of inadequate Social Security
benefits.
Understanding the
interplay between these employment gaps and gender disparities is essential for
developing policies that address these inequities and ensure that Social
Security provides a fair and sufficient safety net for all individuals. This
exploration not only highlights the challenges faced by those with fragmented
employment histories and women but also underscores the need for systemic
changes to promote greater financial security and equality.
Employment gaps in India
result from a multifaceted array of factors that significantly influence an
individual’s career trajectory and economic stability. One prominent cause is
the pursuit of higher education and skill development. In a rapidly evolving
job market, many individuals, especially younger professionals, take time off
to acquire advanced degrees or certifications, which can lead to temporary
unemployment. Family responsibilities also play a critical role; for instance,
women often experience career interruptions due to maternity leave and the need
to manage household duties, including childcare and elder care. In a society
where traditional family roles still prevail, these responsibilities
disproportionately affect women, leading to longer and more frequent employment
gaps. Health issues further exacerbate this problem, as personal or family
health crises can necessitate extended periods away from work. Economic
downturns and instability also contribute to employment gaps, as job losses and
reduced opportunities during recessions force many into periods of
unemployment. Moreover, the informal sector, which comprises a substantial
portion of India’s labor market, often lacks job security and is susceptible to
fluctuations that can result in unpredictable employment patterns.
Gender-specific issues, including workplace discrimination and limited career
advancement opportunities, particularly affect women, leading them to
experience more frequent or prolonged employment gaps. Additionally,
geographical challenges such as rural-to-urban migration can create gaps as
individuals transition to new job markets or adapt to urban environments with
inadequate infrastructure. These gaps have several implications, including
hindered career progression, diminished financial stability, and skills
atrophy.
THE INESCAPABLE GENDER
DISPARITY
Gender disparity in pay,
also known as the gender pay gap, refers to the difference in earnings between
men and women performing similar work or having comparable qualifications Not
only in India, but across the globe, women face greater challenges in the
employment market than do men. When women are working, they tend to labor in
low-quality employment in vulnerable settings, with little improvement
predicted in the near future. Women's equal pay has long been a cause supported
by individuals who value justice and gender equality. In addition to
undermining women's sense of equality and worth, paying them less than males have
serious consequences on the economy and society.
Much of the gender wage
gap can still be solely attributable to discrimination based on one's gender or
sex, even while individual attributes like education, talents, or experience
also play a role. The right to work independently, with dignity, safety, and
justice, is essential to the welfare of all people. Ensuring women's access to
this right is a significant goal in and of itself. Reducing gender disparities
in labor force participation has the potential to significantly increase global
GDP from an economic standpoint.
WHAT ARE SOCIAL SECURITY
BENEFITS?
A number of human rights
agreements, such as the International Covenant on Economic, Social, and
Cultural Rights and the Universal Declaration of Human Rights, regard social
security as a fundamental human right. It is significant because it aids
individuals in situations where they are unable to completely exercise their
human rights while still maintaining their security and sense of dignity.
Social Security benefits
in India encompass a range of programs designed to provide financial support
and social welfare to individuals and families in various circumstances, such
as during retirement, illness, disability, or death. Social security benefits
hold significant importance in India by providing a vital safety net that
supports financial stability and reduces economic vulnerability across various
life stages.
It acts as a
multifaceted shield against the volatility of life’s uncertainties, providing
robust protection against income loss due to sickness, disability, maternity,
employment injury, unemployment, old age, or the death of a family member. It
ensures that individuals have a dependable source of retirement income,
insulated from the turbulence of financial markets and inflationary pressures,
thereby safeguarding against poverty in later years. This safety net not only
combats discrimination by leveling the playing field but also plays a pivotal
role in reducing poverty and fostering social inclusion. It supports families
by alleviating the costs of education and helps employers maintain stable labor
relations and a productive workforce. By enhancing social cohesion and
promoting overall growth, social security contributes to a nation’s
development, adapting to structural and technological changes. Moreover, it
facilitates risk diversification and income redistribution, ensuring a more
equitable distribution of resources and reinforcing the stability of society Collectively,
these benefits play a crucial role in reducing poverty and inequality by
offering support during times of economic uncertainty and facilitating greater
financial stability for individuals and families throughout India.
India
abides by the principles outlined in the Equal Remuneration Act, having signed
the UN special charters. This action complies with the standards set forth by
the International Labor Organization (ILO), the Convention on the Elimination
of All Forms of Discrimination Against Women, 1979 (CEDAW), and the Universal
Declaration of Human Rights (UNDHR).
Article
23 of the UDHR states that everyone has the right to just reward for their
labor, free from discrimination of any kind.
The
ILO's 100th convention, the Convention on Equal Remuneration for Men and Women
Workers for Work of Equal Value, was signed in 1951. It places a strong
emphasis on the fundamental principle of ensuring equal pay for equal work.
The
aim of the CEDAW
(1979) is to stop discrimination against women, especially in the workplace.
Signatories are encouraged to give top priority to incorporating gender
equality into their legislative frameworks. They ought to strive for the repeal
of laws that discriminate against women as well as the creation of institutions
and tribunals devoted to their protection.
Furthermore,
it is imperative to eliminate discrimination in all its manifestations,
regardless of its perpetration by individuals, institutions, or businesses.
These global agreements highlight India's dedication in promoting gender parity
and eliminating discrimination against women in the workplace.
It is right to acknowledge that women are active
workers since the primary stage of civilization. Their contribution has been
essential for the survival of the community. But in course of time, men
appropriate their labour, male authority and dominance to make women
subordinate. Men started owning property created and earned by women.
Women’s employment is a significant need of a
society’s modernization. According to our late Prime Minister Jawaharlal Nehru,
“The habit of looking upon marriage as a profession almost and as the sole
economic refuge for women will have to go before, we can have any freedom”.
With employment, women are enabled to be the agents of change and not merely
objects of social change. Irrespective of social classes and levels of
occupation, paid job on the part of women is a life resource, a means of social
security and carves out personal identity along with financial standing. A
number of investigations indicate that a woman works for two reasons, one
because she has to {i.e. economical need), and two because she wishes to (i.e.
for mental need).
India's
workforce remains largely male, posing a huge obstacle as the country strives
to capitalize on its demographic dividend. The female labor force participation
rate (FLFPR) has fluctuated, peaking at 33% in 1972 and falling to a low of 23%
in 2017. However, current figures from the Periodic Labour Force Survey
(2022-23) show a rise of 37%. This growth is due to younger, more educated
women joining the workforce, more women transitioning to salaried positions and
the services sector, and more rural female involvement. Despite these
advancements, gender disparities exist, with many women still working in
low-paid, informal, or unpaid positions and women continue to shoulder a
disproportionate burden of unpaid domestic work, averaging 7.2 hours per day
compared to men's 2.8. To maintain and expand on these gains, India must
increase job quality, strengthen healthcare infrastructure, and promote a more
equitable sharing of home chores.
CAUSES
FOR EMPLOYMENT GAPS
1.
Social
and Cultural Norms
In India, Inspite of having a very dignified status in
religions in the form of goddess Durga and Mother Mary, women have been
accorded an inferior social status. They ingrained cultural norms and
traditional gender roles have a big influence on women's work prospects. Women
are sometimes expected by society to put family obligations ahead of their
professional goals. These assumptions not only restrict the job options
available to women, but they also feed the cycle of inequality in a variety of
professional domains. Women's complete engagement in the workforce is hampered
by cultural norms that prioritize their duties as primary caregivers. Aan
Oakley argues that a major reason for the subordination of women in the labour
market is the institutionalization of the mother- housewife role as the primary
role for all women.
2.
Financial
Aspects
Economic reasons are a major contributing element to the
discrimination and disparities in employment that women experience. The gender
pay gap, in which women often receive less than men for equivalent labor, is
one of the main problems. This discrepancy results from undervaluing women's
labor and gender discrimination, which can result in lower pay and less
possibilities for career progression. Furthermore, women are disproportionately
affected by employment discrimination since, in comparison to men, they are
more likely to work in low-wage, informal, and unstable jobs.
3.
Educational and skill mismatch
Even while women's educational attainment has increased,
there are still disparities in their access to high-quality education,
especially in rural areas. Women are employed mainly in unskilled and semi –
skilled manual jobs and in intermediate and low – grade white – collar
occupations.
Women's capacity to compete in the employment market may be hampered by a lack
of educational possibilities. Furthermore, despite having a higher degree,
there may still be a discrepancy between the talents you have and what
employers are looking for. The employability of women and their capacity to
land stable, well-paying jobs are impacted by this skills gap.
4.
Discrimination and Harassment at Work
Women's full participation in the workforce is still
significantly hampered by sexual harassment and discrimination. In many
workplaces, harassment occurs despite the existence of legal frameworks
designed to protect women. This can create hostile settings that discourage
women from entering or staying in the job market. Furthermore, hiring
procedures, work assignments, and promotions are influenced by gender
prejudices and preconceptions. As a result, women are frequently passed up for
development chances and encounter obstacles in their career advancement.
5.
Policy
and Economic Gaps
Gender inequities in employment are further perpetuated by
discrepancies in policy and the economy. While there are many laws and programs
aimed at advancing gender equality, their application is frequently uneven, and
women may not be fully aware of their rights. In addition, compared to their
male colleagues, female entrepreneurs sometimes face challenges in obtaining
resources and money. Women's ability to become economically independent and
fully engaged in the job market is hampered by these legislative and economic
disparities.
6.
Informal
and Unpaid Work
In India, a large percentage of women work in unpaid jobs
that are neither officially recognized nor compensated, such farming or family
business employment. The depth of women's economic contributions is further
obscured by the fact that official employment statistics do not include this
unpaid work, which is frequently essential to family income. In addition, women
make up a disproportionate share of workers in the unorganized sector, where
they often lack benefits and have unstable jobs. Because informal employment is
so common, women need better jobs with more security and better quality.
IMPACT
OF COVID -19 ON WOMEN WORKFORCE
Female
labor-force participation increased following the pandemic's worst phase in
2020, but it remains threatened by hazards that, if left unchecked, might undo
the progress made in gender equality over the last decade.
The
COVID-19 pandemic cast a harsh spotlight on the existing inequalities in the
labor market, hitting women’s employment particularly hard. As lockdowns swept
across the globe, women, who are disproportionately represented in the most
vulnerable sectors like retail, hospitality, and healthcare found themselves
facing significant job losses. The pandemic intensified traditional gender
roles, adding a heavy layer of caregiving responsibilities as schools and
childcare facilities shut down. This unforeseen burden pushed many women to
scale back their work hours or exit the workforce altogether. The financial
impact was stark, further widening the gender pay gap as women, often in
lower-wage and less secure positions, faced increased economic strain. For
women from lower socioeconomic backgrounds, the repercussions were even more
severe, underscoring systemic inequalities that the pandemic amplified. This
crisis has illuminated the urgent need for comprehensive and equitable policies
to support working women, addressing both immediate needs and long-term career
impacts, while championing structural reforms to foster gender equality in the
workforce.
PLANS AND POLICIES FOR WOMEN DEVELOPMENT
1.
For
Employment
The
government has granted several concessions to the women entrepreneurs. For
example, the Small Industries Development Bank of India and state-level
government banks now requires that women entrepreneurs raise a smaller
percentage of the capital they need. If a man is starting a business, he has to
have a funding ratio of 1:3, i.e., he must put up one rupee for every three he
obtains from the banks. But in the case of women, they must put up just 10 per
cent and can obtain financing for the remaining 90 per cent. The only
limitation is that this kind of credit can be given only to very small
business. This is nevertheless and encouraging positive change.
On
the other hand, the government is not inclined at all to give any kind of
concession to women in medium and large-scale businesses. Women in these
sectors are having a hard time to get access to credit. For the assistance of
women entrepreneurs, The Government of India has developed various training and
research institutes, such as, National Institute of Entrepreneurship
Development set-up by the U.P. Government at Lucknow, Entrepreneurship
Development Institute of India at Ahmedabad, set-up by Development Bank of
India; and State Bank of India also has a training wing for Entrepreneurship
Development.
Recently
the Reserve Bank of India has also issued guidelines to the scheduled and
commercial banks for extending the necessary financial assistance to the women
entrepreneurs in the country especially in the rural regions.
In India, several targeted initiatives
aim to bolster the success of self-employed women, reflecting a concerted
effort to enhance their economic empowerment. The Stand-Up India Scheme
provides essential bank loans to women entrepreneurs, particularly those from
marginalized communities, enabling them to start or expand their businesses.
Similarly, the Pradhan Mantri Mudra Yojana (PMMY) offers microloans up
to Rupees 10 lakhs to support small enterprises. The Deen Dayal Antyodaya
Yojana - National Urban Livelihoods Mission (DAY-NULM) and National
Rural Employment Guarantee Act (NREGA) offer additional support by
providing financial aid, skills training, and guaranteed wage employment to bolster
self-employment. At the state level, Women Development Corporations and
Self-Help Group (SHG) initiatives further offer financial assistance and skills
development. Moreover, specialized programs from private sector and NGOs,
including impact investing and entrepreneurship development workshops, provide
critical resources and mentorship. Collectively, these programs are designed to
address the diverse challenges faced by self-employed women, fostering their
business growth and financial independence.
2.
For Social Security
·
Pradhan Mantri Matru Vandana Yojana
(PMMVY)
The Pradhan
Mantri Matru Vandana Yojana (PMMVY) is a flagship scheme designed to provide
financial support to pregnant and lactating women to enhance their health and
nutritional status. Under this initiative, eligible women receive a cash
incentive of Rupees 5,000 during pregnancy and childbirth, aimed at reducing
maternal and infant mortality rates. The scheme encourages institutional
deliveries and provides critical financial assistance to ensure that women
receive adequate medical care during and after pregnancy.
·
Sukanya Samriddhi Yojana (SSY)
The Sukanya
Samriddhi Yojana (SSY) is a savings scheme specifically targeted at securing
the future of a girl child. It encourages parents to open a savings account in
the name of their daughter, offering attractive interest rates and tax
benefits. The scheme aims to provide financial support for the education and
marriage of girls, ensuring that they have the resources needed to pursue their
goals.
·
Beti Bachao Beti Padhao (BBBP)
The Beti
Bachao Beti Padhao (BBBP) scheme is a comprehensive initiative aimed at
addressing the declining child sex ratio and promoting the education of girls.
This scheme combines financial incentives with awareness campaigns to improve
the status of girls through enhanced health care and education. It focuses on
creating a supportive environment for girls, encouraging their families to
prioritize education and well-being.
·
National Social Assistance Programme
(NSAP)
The National
Social Assistance Programme (NSAP) is designed to provide social security to
the elderly, widows, and disabled individuals from economically disadvantaged
backgrounds. This program encompasses several schemes, including the Indira
Gandhi National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National Widow
Pension Scheme (IGNWPS), and Indira Gandhi National Disability Pension Scheme
(IGNDPS). These schemes offer monthly pensions to eligible beneficiaries,
helping to improve their quality of life and ensure that they have a financial
safety net in times of need.
·
Janani Suraksha Yojana (JSY)
The Janani
Suraksha Yojana (JSY) aims to promote institutional deliveries and reduce
maternal and neonatal mortality rates. Under this scheme, pregnant women who
deliver in hospitals or health centers receive a cash incentive, encouraging
them to seek professional medical care rather than opting for home births. This
financial support is intended to cover the costs associated with delivery and
postnatal care, ensuring that women receive the necessary medical attention and
support during childbirth.
·
Mahila E-Haat
Mahila
E-Haat is an innovative online platform launched to empower women entrepreneurs
and artisans by providing them with a marketplace to sell their products. This
initiative, supported by the Ministry of Women and Child Development, enables
women to showcase and market their goods directly to consumers. By facilitating
access to a broader market and offering a platform for economic engagement, Mahila
E-Haat helps women grow their businesses and achieve financial independence.
1.
Disability Benefit
Disability
benefit provides financial support to workers who are unable to work due to an
illness or injury sustained while on the job. It typically includes
compensation for medical treatment, replacement of lost wages during the
recovery period, and sometimes a lump sum payment if the disability is
permanent. This benefit ensures that workers have financial assistance while
they are unable to earn their regular income.
2.
Dependants' Benefit
Dependants'
benefit offers financial assistance to the family members or dependants of a
deceased worker. This support helps cover the loss of income and provides some
relief for funeral expenses. It aims to ensure that the dependants are not left
in financial hardship due to the loss of the primary breadwinner.
3.
Sickness Benefit
Sickness
benefit is a form of financial aid provided to workers who are temporarily
unable to work due to illness. It usually includes cash payments to replace
lost wages during the period of sickness and may also cover medical expenses.
This benefit helps workers manage their finances while they are recovering and
unable to perform their job duties.
4.
Maternity Benefit
Maternity benefit
helps in providing support to pregnant women both during and after pregnancy.
This typically includes paid leave from work to recover from childbirth and
take care of a newborn, as well as job protection to ensure women can return to
their jobs after the leave period. Additionally, it may include financial
assistance to help cover maternity-related expenses.
5.
Funeral Benefit
Funeral
benefit offers financial assistance to help cover the costs associated with a
deceased worker's funeral. This benefit is designed to ease the financial
burden on the family during a difficult time, helping to manage expenses
related to the funeral and other end-of-life arrangements.
6.
Health Benefits
Health
benefits refer to a range of medical services and support provided to workers
and their families. This typically includes access to medical care, treatment
for illnesses and injuries, and coverage for medications. Health benefits
ensure that workers receive necessary medical attention and support,
contributing to their overall well-being and financial stability in managing
healthcare needs.
India, as
the world’s largest democracy, strictly adheres to the socio-economic welfare
of the people as the prime task of the makers of the state. Equality is the
first principle of the Constitution and in every governmental action,
gender-based discrimination represents the ugly face of the society. In India,
there are various women's policies, schemes, and legislatures for protecting
women or eradicating discrimination.
CONSTITUTIONAL MANDATE REGARDING
PROTECTION OF WOMEN:
The
constitution of India not only grants equality to women but also empowers the
state to adopt measures of positive discrimination in favour of women to
neutralize the cumulative social economic, educational, and political
disadvantages they face.
1.
ARTICLE 14: Equal before law and equal
protection of laws for women.
C.B.
Muthamamma.V. Union of India, An Indian
foreign service officer, challenged the discriminatory rules that required a
female officer to obtain government permission before marrying and also stated
that women officers could be forced to resign upon marriage. The Supreme Court
held that such service rules were unconstitutional and violative of articles 14
and 15 as they discriminated against women based on gender and marriage.
2.
ARTICLE 15: states that special protection for
women should be made.
D.S. Nakara.V.
Union of India,
the case
challenged a government notification that discriminated against pensioners who
had retired before a specific date and those who retired after, leading to
disparities in pension benefits. The Supreme Court held that the classification
made between pensioners was arbitrary and violated Article 14 of the
Constitution. It ruled that pension is not a bounty, but a right, and any
discriminatory treatment in pension schemes must be eliminated.
3.
ARTICLE 39(a): state to direct its policy toward
securing for men and women equally the right to an adequate means of
livelihood.
4.
ARTICLE 39(d): equal pay for equal work for both
men and women.
5.
ARTICLE 42: maternity relief.
6.
ARTICLE 51(A)(e): to promote the spirit of brotherhood
amongst all the people of India and to renounce derogatory practices to women's
dignity.
7.
ARTICLE 243: One-third of the seats are to be
filed by direct election and the same and the same ratio for chairpersons in
the panchayats and in Municipal corporations as well.
SPECIAL LEGISLATION FOR PROTECTING
WOMEN:
Legislative
activism has taken place to protect women in different dimensions the society
initially society depended on only the Indian Penal Code but some of the
amendments took place in the year 1985 and also in the Law of Evidence as well.
The special
statutory protections are:
- Immoral Traffic (Prevention)
Act,1956.
- Dowry Prohibition Act, 1961.
- The Maternity Benefit Act,1961.
- The Medical Termination of
Pregnancy Act, 1971.
- Indecent Representation of
Women (Prohibition)Act, 1986
- Commission of Sati
(Prevention)Act, 1987.
- Prohibition of Child Marriage
Act
- Protection of Women Domestic
Violence Act, 2005 and rules 2007.
- Equal Remuneration Act, 1976.
Some of the
acts which govern protection of women with regard to social security benefits
under labour and industrial laws in India;
The
Employee’s State Insurance Act, 1948:
Under
section 46; The act provides benefits details benefits for the insured persons
or their dependants;
Sec 46(2)
deals with Maternity Benefit is the form of periodical payment available
to the insured women. It is payable in the case of -
i.
confinement;
ii.
miscarriage
iii.
sickness arising out of pregnancy
iv.
premature birth of child
The grounds
of eligibility of an insured woman to such payments must be certified by an
insured medical officer as provided by the regulations.
In ESI
Corporation.V. Shanthakumari (2004), This
case dealt with a claim for maternity benefits where the ESIC had denied the
benefits on the grounds that the woman was not entitled to them as she had not
made sufficient contributions. The court ruled that women employees are
entitled to maternity benefits under the ESI Act provided they meet the
statutory requirements for contributions. The court also emphasized that maternity
leave and benefits should be seen as a right under the law, and that ESIC
must ensure their implementation in a non-discriminatory manner.
In Gujarat
State Fertilizers & Chemicals Ltd .V. ESI Corporation,( 2017),
This case involved the challenge to ESIC's refusal to pay maternity benefits to
a woman employee, arguing that she did not fall under the ESI coverage at the
time of claiming the benefit. The court ruled in favour of the employee,
stating that the ESI Act's provisions are intended to provide comprehensive
social security to women and that technical disqualifications must not
stand in the way of women claiming maternity benefits.
In Shanti
Devi V. ESI Corporation (2009), A
woman claimed that she was denied maternity benefits by the ESIC on the ground
that she had resigned from her job shortly before her delivery. The court ruled
that even if the woman had resigned, her entitlement to maternity benefits
accrued while she was still employed. The court stated that the benefits must
be provided irrespective of the timing of her resignation.
The
Employee’s Provident Funds and Miscellaneous Provisions Act, 1962:
Under
Section 6-A of the Act provides for Employees Pension Scheme for the purpose of
providing for;
- Superannuation
pension, retiring pension or permanent total disablement pension to the
employees etc.
- Widow
or widower’s pension, children pension or orphan pension to payable to the
beneficiaries of such employees.
In Rajasthan
State Road Transport Corporation .V. President Rajasthan Roadways Union and ANR,
that if employee had not exercised the option to avail of benefit of family
pension scheme 1971 and his wife had received entire provident fund under
E.P.F, her claim for family pension would be untenable.
The
Factories Act, 1948:
The
Factories Act, 1948, is a comprehensive law aimed at regulating labour in
factories and ensuring the safety, health, and welfare of workers. It includes
several provisions specifically for the protection of women workers, focusing
on working hours, safety, and maternity benefits.
- Prohibition
of Night Work (Section 66): Section 66 of the Factories Act restricts
women from working during the night. Women workers are not allowed to work
in any factory except between 6:00 AM and 7:00 PM. In Vasantha R. v.
Union of India (2001)
case in the Madras High Court struck down the blanket restriction on night
work for women, allowing them to work night shifts under proper
safeguards.
- Working
Hours (Section 54): Women are allowed to work up to 48 hours a week, with
a maximum of 9 hours a day. Overtime work is permitted, but it should not
exceed the prescribed limit (currently, 50 hours of overtime in a
quarter).
- Prohibition
of Hazardous Work (Section 87): Women workers are prohibited from being
employed in certain dangerous or hazardous processes or operations in
factories. This includes operations involving lead, asbestos, and other
harmful substances that could pose a health risk, particularly to women.
- Provision
of Separate Washrooms and Restrooms (Section 19): Factories are required
to provide separate and adequately maintained washrooms, latrines, and
urinals for women workers. These facilities should be accessible and
maintained in a sanitary condition.
- Creche
Facility (Section 48): In any factory where more than 30 women workers are
employed, the employer is required to provide a creche facility. The
creche must be maintained for the use of children below the age of 6
years, and it should be located within or near the factory premises.
- Maternity
Leave and Benefits (Section 79): Women workers are entitled to maternity
benefits under the Maternity Benefit Act, 1961, which applies in
conjunction with the Factories Act. Women cannot be employed during the
six weeks immediately following the delivery, miscarriage, or medical
termination of pregnancy.
- Rest
Intervals (Section 55): Women workers are entitled to adequate rest
intervals during their shifts. There must be a half-hour break after every
five hours of continuous work.
In B.
Shah v. Presiding Officer, Labour Court, Coimbatore (1978), The
employer denied the employee maternity benefits, arguing she was ineligible
under certain rules. The Supreme Court held that maternity benefits must
be interpreted in favour of the worker, and women’s rights to maternity
leave should not be unduly restricted by technicalities. The court ruled
that maternity benefits should be made accessible to women in a fair and
just manner.
In Municipal
Corporation of Delhi v. Female Workers (Muster Roll) & Anr. (2000), Female
workers challenged the denial of maternity benefits and related facilities,
including creches. The Supreme Court held that women working in
temporary or casual positions also had the right to maternity benefits,
including the provision of creche facilities. The Court emphasized that
maternity benefits, including child care facilities, should be available to all
female workers, irrespective of their employment status.
In Cargill
India Pvt. Ltd. v. Chief Inspector of Factories and Boilers (2009), The
case involved a challenge to the assignment of women workers to hazardous areas
of a factory. The court ruled that under Section 87, women should be protected
from being employed in dangerous jobs. The High Court reinforced the
need to adhere to the guidelines that protect women from hazardous and dangerous
environments.
The
Maternity Benefit Act,1961:
The
Maternity Benefit Act, 1961, is designed to regulate the employment of women
during pregnancy, protect their health, and provide financial support in the
form of maternity benefits. The Act ensures that women are entitled to certain
rights and protections during maternity, and it was further amended in 2017 to
enhance benefits.
- Eligibility
for Maternity Benefit (Section 5): A woman is entitled to maternity
benefit if she has worked in an establishment for at least 80 days in the
12 months preceding her expected delivery date. This benefit is available
to both permanent and contractual workers.
- Maternity
Leave (Section 5): The Act entitles women to 26 weeks of maternity
leave, which can be taken as follows:
- Up to 8 weeks before the
expected date of delivery.
- The remaining 18 weeks
after childbirth.
- In case of a miscarriage,
a woman is entitled to 6 weeks of leave immediately following the
miscarriage (Section 9).
- Women adopting a child below
the age of 3 months or commissioning mothers (surrogates) are entitled to
12 weeks of leave (introduced by the 2017 amendment).
·
Payment of Maternity Benefits (Section 6):
Maternity benefit is payable at the rate of the average daily wage for the
period of actual absence (maternity leave). It is calculated based on wages
earned by the woman during the three months prior to her leave.
·
Prohibition of Employment During Maternity Leave
(Section 4): Employers are prohibited from employing women during the 6 weeks
immediately following delivery or miscarriage. Similarly, women cannot be asked
to undertake any work that could affect their health or pregnancy in the 10
weeks preceding the expected delivery date.
·
Medical Bonus (Section 8): If the employer does not
provide free prenatal and postnatal care, the woman is entitled to a medical
bonus of Rs. 3,500 (revised in 2011, earlier it was Rs. 1,000).
·
Nursing Breaks (Section 11): After returning to work,
a woman is entitled to two nursing breaks of 15 minutes each (apart from
regular intervals) every day, until the child is 15 months old.
·
Crèche Facility (Section 11A): Establishments with 50
or more employees are required to provide a crèche facility (childcare center)
within the premises or nearby. Women are allowed four visits a day to the
crèche, including nursing breaks.
In ESI
Corporation v. Karnataka Asbestos Cement Products (1995), A
contractual woman worker sought maternity benefits, but her employer denied
them, claiming she was not a permanent employee. The Supreme Court held that
maternity benefits apply to all women employees, including contractual workers.
The Court emphasized that maternity benefits are a statutory right of women
workers, irrespective of their nature of employment.
In Neera
Mathur v. LIC (1992), Neera
Mathur was dismissed by her employer after disclosing her pregnancy shortly
after joining the company. The Supreme Court ruled that termination on grounds
of pregnancy violated the Maternity Benefit Act and the fundamental rights of
the woman. The Court ordered her reinstatement and directed that maternity
benefits be paid.
In J.
J. Woollen Mills v. Labour Commissioner (1974), The
employer refused to provide crèche facilities for its women employees, leading
to legal proceedings. The Supreme Court upheld the requirement that
establishments with a certain number of women employees must provide adequate
crèche facilities. The Court emphasized that employers must comply with the law
to ensure that women workers can balance work and childcare.
These are
some of the provisions in some of the prominent acts around the landscape of
labour laws in India.
CHANGES REQUIRED:
Some of the
changes required in order to reform the gender inequality are;
- These too many legislations are
creating confusion for proper action; all these legislations should be
brought under one umbrella through making as one single statue as Law of
Women and Girls protection act.
- In women offences
technicalities should be dispensed and speedy disposal and victim
compensation should be given on the date of judgement.
- Active role of voluntary
organisations should be given in the statue of empowerment of women.
- Incorporation of saviour penal
sanctions, positive implementation of statutes by active police.
- Legal services should be
extended irrespective of social and financial status in women matters.
To address the complex interplay
between employment gaps, gender disparities, and social security benefits, a
multifaceted approach is essential. First and foremost, policymakers must
enhance support systems that bridge employment gaps, particularly for women
re-entering the workforce after extended absences due to caregiving or other
responsibilities. Tailored re-skilling programs and flexible job opportunities
can empower these individuals, helping them regain financial independence and
stability. Additionally, addressing gender disparities in social security
frameworks involves revising policies to ensure equitable access and benefits,
recognizing the unique challenges faced by women, such as lower lifetime
earnings and interrupted careers. Strengthening legal protections against
discrimination, promoting pay equity, and incentivizing businesses to adopt
family-friendly practices are crucial steps. Finally, increasing public
awareness and support for gender-sensitive social security reforms can drive
systemic change, ensuring a fair and inclusive safety net for all workers.
The impact of employment gaps and
gender disparities on social security benefits underscores a profound need for
reform and innovation. As the workforce evolves and the challenges faced by
different groups become more apparent, it is imperative to create social
security systems that are both adaptive and inclusive. By addressing these
disparities head-on, we can build a more equitable society where everyone,
regardless of gender or career interruptions, has access to the support they
need. Ultimately, a commitment to fairness and inclusion will not only
strengthen the social fabric but also foster a more resilient and prosperous
workforce for the future.
REFERENCES
BOOKS REFERRED
1. DR.
ANITA DASH, WOMEN INDUSTRIAL WORKERS – PERCEPTION AND DYNAMICS, (Regal
Publications, 2009)
2. ANIL
KUMAR THAKUR & DR.R. RAHMAN, WOMEN ENTREPRENEURSHIP, (Deep and Deep
Publications, 2009)
3. S.N.
MISRA, LABOUR & INDUSTRIAL LAWS (30th Edition, Central Law
Publications 2024)
WEBSITES REFERRED
7.
https://www2.deloitte.com/us/en/insights/economy/impact-of-covid-on-women.html
ARTICLES REFERRED
1.
Dr. Devvert, Impact of
Covid-19 on Women Workers in India, Vol. 12 Issue 6, International Journal of
Enhanced Research in Management & Computer Applications, (June, 2023).
2.
Dr. Arundhati
Bhattacharyya, Indian Women in the Workplace, Vol 6, Mediterranean Journal of
Social Science, (July, 2015).
