The second edition of this practical guide provides simplified and pragmatic analysis of the labour laws applicable to women at workplaces in India. It aims to provide a ready and updated reference book for understanding provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and other provisions relating to female employees and workers under the 2020 Labour Codes. The book seeks to act as a guide on the concepts and procedures along with providing an in-depth analysis of relevant case laws. It is intended for use by the collective audience of lawyers, compliance professionals, in-house legal counsels and human esource professionals who wish to understand, implement and reliably interpret various provisions of labour laws geared towards female employees and workers at workplace.
● Conceptual guide aimed at a wide array of readers such as lawyers, compliance professionals,
in house legal counsels and human resource professionals.
● Real world guide on compliance guidelines for companies and detailed inquiry procedure under
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
● Ready referencer to understand provisions applicable to working women under Code of Social Security,
2020, Code on Wages, 2020, occupational Safety, Health and Working Conditions, 2020 and key Shops
and Establishments legislations across the country.
● Detailed analysis of the most recent case laws and judicial precedents on every topic.
● New chapters covering detailed analysis of global best practices and constitutional rights specific to
Table of Contents
PART I : LAW ON SEXUAL HARRASSMENT AT WORKPLACE
Chapter 1. Introduction
Chapter 2. Applicability of POSH Act, 2013
Chapter 3. Prevention of sexual harassment at workplace
Chapter 4. Duties of the Employer: Compliance guidelines under the Act
Chapter 5. Duties of District Officers and State Government Under the Act
Chapter 6. Complaint mechanisms defined under the Act
Chapter 7. Inquiry process under the Act to be followed by the committees
Chapter 8. Annual compliance reporting mechanism applicable on workplaces
PART II : LAW AND PROCEDURE ON MATERNITY BENEFITS FOR FEMALE EMPLOYEES UNDER THE CODE ON SOCIAL SECURITY, 2020
Chapter 9. Introduction, history and amendment.
Chapter 10. Applicability of the legislation
Chapter 11. Definitions under the SS Code
Chapter 12. Prohibited Employment During Pregnancy.
Chapter 13. Maternity Benefit as per SS Code
Chapter 14. Facilities to be provided to returning employees
Chapter 15. Dismissal and resignation of female employee.
Chapter 16. Notice of pregnancy and claims for maternity benefit
Chapter 17. Penalties for contravention
Chapter 18 . Authorities appointed under the code and important compliances for employers
Chapter 19. Frequently Asked Questions on maternity benefit
PART III : LAW ON EQUAL REMUNERATION UNDER CODE ON WAGES, 2019
Chapter 20. Introduction
Chapter 21. Applicability and important definitions under Code on Wages
Chapter 22. Prohibition of discrimination on the basis of gender
Chapter 23. Authorities appointed and penalties under the Code on Wages, 2019.
Chapter 24. Important measures/ compliances for employers.
PART IV : LAW ON SAFETY AND WELFARE PROVISIONS APPLICABLE ON FEMALE FACTORY WORKERS UNDER OSH CODE, 2020
Chapter 25. Introduction
Chapter 26. Applicability of the OSH Code and important definitions
Chapter 27. Provision of creche facilities to women
Chapter 28. Restrictions on the employment of women in certain premises
Chapter 29. Authorities appointed and penalties under the OSH Code
Chapter 30. Important compliances by employers
Chapter 31. Frequently Asked Questions
PART VI : COMPARATIVE TABLE
Chapter 32. State specific shops and establishment legislations
Chapter 33. State shops and establishment legislations with provisions for women safety & welfare
PART V : WORKPLACE LAWS UNDER KEY STATE-SPECIFIC SHOPS AND ESTABLISHMENT LEGISLATIONS, FOR FEMALE EMPLOYEES
Chapter 34. Comparative Provisions Old Act and New Code
PART VII : RIGHTS AND GLOBAL BEST PRACTICES CONSTITUTIONAL
Chapter 35. Constitutional Right to Occupational Safety, Maternity Benefit and Equal Wages
Chapter 36. Global Best Practices
I. POSH ACT, RULES, REGULATIONS AND RELATED AMENDMENTS
Annexure 1 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Annexure 2 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
Annexure 3 University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015.
Annexure 4 Companies (Accounts) Amendment Rules, 2018
Annexure 5 SEBI (LODR) (Sixth Amendment) Regulations, 2018.
II. NEW LABOUR CODES 2020
Annexure 6 The Occupational Safety, Health and Working Conditions Code, 2020..
Annexure 7 The Code on Wages, 2019 Annexure 8 The Code on Social Security, 2020.
Esha Shekhar, is an independent corporate counsel based in New Delhi. In her 8+ years of experience, she has worn many hats as a lawyer in her professional journey: as a legal journalist, litigator, entrepreneur and corporate counsel to small and medium sized businesses across India. She specializes in implementing anti-sexual harassment at workplace law at workplaces. She has conducted training sessions, provided advisory services including work as an external member and conduct investigations, under POSH Act, 2013 at more than 50 organisations across the country. She works closely with the Department of Women and Child Development in Chhattisgarh to conduct legal capacity building trainings on POSH Act, 2013 and other gender based laws for state-departmental ICCS, Local Committees and members of Crisis Intervention Centres set up in the state, She has prepared numerous guidebooks (in English and Hindi) to educate government officers on gender based laws at workplaces. She is also a Managing Trustee at Initiatives for Inclusion Foundation (IIF), a non-profit organization through which she filed a public interest litigation (ongoing) at the Supreme Court of India to ensure compliance with the anti-sexual harassment at workplace law of India.
Neha Koshy, is an in-house lawyer, based out of Gurgaon. As an in-house lawyer, she has worked with the Internal Complaints Committee of her organization and continuously advises the internal teams on matters relating to implementing labour laws and organizational policies. Prior to her job as an in-house counsel she worked with Cyril Amarchand Mangaldas and Trilegal. At these firms she advised financial institutions, private equity funds and banks on matters of company law and financial
regulations. Along with her job as an in-house lawyer, she also operates a legal aid clinic in Bhondsi, Haryana to provide legal assistance to victims of sexual assault, harrassment and domestic violence. She also advises small and medium enterprises on setting up internal complaints committee and implementation of laws for working women on a pro-bono basis.