E-Digest

Introduction:

The majority of women in both rural and urban areas of India are employed in the informal sector, which is characterized by low productivity, minimal incomes, and a lack of economic and social security. In rural areas, 87 per cent of women are  employed in agriculture as labourers and cultivators. In urban areas, about 80 per cent of the women workers are employed in household industries, small trade and  services, and building and construction. A worrisome trend is the increasing informality of women?s employment in all sectors and most regions. Labour laws are difficult to impose in the informal sector, particularly when the workers lack the ability to effectively organize.

[Source: http://www.ilo.org/public/english/standards/decl/technical/country/overview2.htm ]
 
Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforce, 90 million are women workers, largely  employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in  the organised sector in March 2000 constituted 17.6 percent of the total organised sector.

[Source:  ALU Issue No. 46, January- March 2003]

Constitution of India
The Constitution has the following provisions of interest to women workers:
The Preamble refers to securing all citizens social, economic and political justice and equality of status and of opportunity.

The Constitution sets out a number of fundamental rights, generally enforceable in the courts, which include equality before the law and equal protection under the law, and prohibition on discrimination by the State on a number of grounds, including sex. In addition, no citizen shall, on grounds including sex, be subject to any disability, liability, restriction or condition with regard to access to certain public facilities for more click

[Source: ILO - Employment [ An information base on - Equal Employment Opportunities for Women and Men]

 
National Guidelines in India - Government
Planning Commission

The Five Year Plans provides the main planning thrust for Indian Society and have a major impact upon the development of women. They are administered by the Department of Women and Child Development (DWCD) Ministry of Education

[Source: ILO - Employment [ An information base on - Equal Employment Opportunities for Women and Men]
 

Relevant International Instruments Ratified or Acceded to by India

• ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on 25/03/1938)
• ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on 25/03/1938)
• ILO Night Work (Women) (Revised) Convention, 1948; and Protocol, 1990 (No. 89) (ratified on 27/02/1950)
• ILO Equal Remuneration Convention, 1951 (No. 100) (ratified on 25/09/1958)
• ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratified on 03/06/1960)
• ILO Employment Policy Convention, 1964 (No. 122) (ratified on 17/11/1998)
• ILO Benzene Convention, 1971 (No. 136) (ratified on 11/06/1991)
• ILO Rural Workers' Organisations Convention, 1975 (No. 141) (ratified on 18/08/1977)
• UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (ratified on 09/07/93)
• UN Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR) (acceded to 10/04/1979)
• UN Covenant on Civil and Political Rights, 1966 (ICCPR) (acceded to 10/04/1979)
• UN Convention on the Political Rights of Women, 1953 (ratified on 01/11/1961)

[Source:  ALU Issue No. 46, January- March 2003]
 

Women Workers & Law
The Beedi and Cigar Workers' (Conditions of employment) act, Employees Provident Funds and Family
Pension At, Employees' State Insurance Act, the Factories Act, AP Shops and Establishment Act are actsthat govern women working in these and other organised industries. All these acts provide for rules
regarding pay, leave, hours of work, intervals of rest, overtime and ban on work in hazardous conditions.
Night work is banned for women. The Acts go into detail on the rest facilities for women, including washingand toilet facilities. Every Act has the provision for Creches where more than 30 women are employed, theguidelines for running the Creches also laid down rigorously. Women contract labourers and inter-statemigrant labourers under the relevant Acts are also eligible for creche and rest-room facilities.
 [Source: http://www.apanganwadi.com/WomenProtectionLaws/Women&Labour.htm ]

Policy and Law Relating to Women's rights at the Workplace

To realise the Constitutional mandate of equality for men and women, women must be actively associated with national development and there should be a policy for promoting women's employment and protecting women's rights at the workplace...................for more
 
[Source: Title:`Symposium on Women's Rights at the Workplace: Emerging Challenges and Legal Interventions: Proceedings and Select Papers/Presentations  [CED Ref. B.A21b.B60]
 
 
CRITICAL AREAS OF CONCERN AND RECOMMENDATIONS FOR LEGALINTERVENTIONS
-Compiled by Ms. Asha Bajpai

Legal systems and laws have not kept pace with the evolving social situation and it is necessary to modify them in keeping with the changing social and economic scenario.

  1. A Policy for Employment of Women
  2. Registration of Women Workers
  3. Women Employees' Special Needs
  4. Creche Facilities
  5. Sexual Harassment at Workplace
  6. Night Work for Women
  7. Wages for Housework
  8. Women in Construction Industry
  9. Women in Plastic and Diamond Industries
10. Women in Export-oriented Units
11. Women Domestic Workers
12. Women Sex Workers
13. Women in Public Sector Units
14. Debureaucratisation
15. Role of Trade Unions
16. Punishment for Non-compliance
17. Enforcement of Laws
18. Accountability
19. Education and Training
20. Legal Aid and Representation
21. Legal Literacy for Women Employees
 
[Source: Title:`Symposium on Women's Rights at the Workplace: Emerging Challenges and Legal Interventions: Proceedings and Select Papers/Presentations  [CED Ref. B.A21b.B60]
 

RIGHTS OF WOMEN AT WORKPLACE: THE LEGAL REGIME IN INDIA AT A GLANCE - TABLE
[Source: Title:`Symposium on Women's Rights at the Workplace: Emerging Challenges and Legal Interventions: Proceedings and Select Papers/Presentations  [CED Ref. B.A21b.B60]
 
 
LEGISLATION RELATING TO CRECHES

WOMEN'S RIGHTS AT WORKPLACE : EMERGING CHALLENGES AND  LEGAL INTERVENTIONS
-Asha Bajpai
The empowerment of women at the workplace is intended to eliminate their subordination and establish gender equality. Law can create such empowerment through conferring rights to the women workers and by imposing liabilities on the employers and by strengthening the implementation and enforcement machinery and facilitating access to legal services.

Another method of empowerment is by legal literacy. Women can assert their rights only if they are aware of them. Therefore, educating them of their legal rights at the workplace can go along way in ensuring justice at the workplace.

The need of the hour is to look not only at the sustainable development but at a just equitable and balanced development. The debate on women's rights at the workplace is, thus, not only a legal, social or an economic issue, but an issue with very deep political and cultural dimension.

[Source: Title:`Symposium on Women's Rights at the Workplace: Emerging Challenges and Legal Interventions: Proceedings and Select Papers/Presentations  [CED Ref. B.A21b.B60]
 

Types of Women Workers :
I. Women workers in Formal Sectors
II. Women workers in In-Formal Sectors
 
Women Workers - Worked related health problems
Stress
Mental Health

Schemes for Women-Workers
Self Employment Schemes
 
Self Help Groups (SHG)
CARE- HELPS POOR WOMEN TAKE THE CREDIT
SEWA-Self employed women's association,an organisation of poor,self-employed women's workers.The goals of  the largest NGO in india are to organise women workers ...
 

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