Acts related to workers (labour)

Women in Agriculture

Lesson 5 : Rights of Women - I

Acts related to workers (labour)

The Beedi and Cigar Workers (Conditions of Employment) Act 1966 read along with AP Rules (G.O. Ms. No. 428 Home (Labour-II) 28 March) 1968 specifies among other things that under Sec 12–18 latrines should be provided at the rate of one latrine seat for every 20 employees (separately for women). Separate urinals should be provided at the rate of one for every fifty up to first 500 employees and one for every 100 thereafter. Water supply for both should be provided. Separate and screened washing facilities should be provided including soap and nail brush. Under Sec 19 there should be for children under 6 years a crèche accessible to the working mother. The place should have clean fresh air. There should be bedding for each child, cradle/cot, washing room, water, clean clothes, soap and towel, latrine and milk should also be provided. The mother should have time off to nurse. There should be a trained woman and ayah at the rate of one for every 30 children.

Maternity Benefit Act 1961 is an Act to regulate the employment of women in certain establishments for certain period before and after childbirth to provide for maternity and other benefits. Sec 2 declares that the Act applies to every establishment – factory, mine or plantation. Under Sec 4 no employer can employ a woman for 6 weeks following the date of delivery or miscarriage, no pregnant woman can be employed in work of arduous nature involving long hours of standing or any other likely to interfere with her pregnancy or growth of foetus or otherwise adversely affect her health. Under Sec 10 in case of illness arising out of pregnancy etc. a woman is entitled to a further one month’s leave with wages. Under Sec 11 nursing breaks are prescribed at the rate of two breaks in addition to the normal rest breaks until the child is 15 months.

Under Sec 12 if a woman is discharged or dismissed during pregnancy for gross misconduct she will be entitled to maternity benefit. Under Sec 18 if a woman works in any other establishment during maternity period she forfeits her maternity benefit.
No woman should work between 7 pm to 6 am. Generally the work should not be more than 8 hrs a day and 48 hrs a week.

The Equal Remuneration Act 1976 is an Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination against women the work being same or of a similar nature. Under Sec 5 no discrimination is to be made while recruiting or in any condition subsequent to recruitment like transfer, promotion, training etc.

The Employee’s State Insurance Act 1948 provides for medical benefits to all employees of factories and establishments earning less than Rs. 1600 per month. All employees are to be insured with contribution from both employer and employee. Both the insured person and her dependants (if insurance is extended to family) shall be entitled to periodical payments or illness (sickness benefit) in case of pregnancy, miscarriage etc disablements, death due to employment injury, medical treatment for illness and payment for death of an insured person towards funeral expenses.

The Factories Act 1948 A factory is an industrial establishment employing 10 or more persons where power is used and 20 or more persons where power is not used.
The Factories Act deals with working hours, leave and wages and employment of young persons, standards of cleanliness inside ventilation and temperature control of dust and fumes, lighting and overcrowding, drinking water, fencing of dangerous machinery, precautions in case of fire, first aid facilities, canteens, weekly day of rest. Sec 19 provides for separate latrines and urinals for women, Sec 42 for separate and screened washing facilities. Sec 48 provides for crèches where more than 30 women are employed. Sec 51 provides for working weekly hours not more than 48 with daily hours nor more than 9 (Sec 54) and intervals of rest (Sec 55) and overtime (Sec 59).
Under Sec 66 no woman is to work between 7 p.m. to 6 a.m. Unless State Government specifically makes rules for certain factories where the raw material may be damaged hence night work may be relaxed but never between 10 pm to 5 am. Under Sec 87 if the State Government is of the opinion that work is dangerous it can restrict employment of women, adolescents or children in that factory.
The AP Factories Rules 1950 provides under Sec 73-76 for crèches where more than 30 women employees are working (Sec 48). Where the married women and widows are below 15, the Chief Inspector Factories may make an exemption if he is satisfied that alternate arrangements are there.
The Minimum Wages Act 1948 requires the State Government to fix minimum wages for many classes of laborers and revise them from time to time.
Workman’s Compensation Act 1923 makes the employer liable to pay compensation for injury sustained by a worker due to accident while doing her job. Compensation can be claimed in case of death and disablement, partial or temporary. Occupational or industrial diseases are listed in the Act (lead-poisoning pneumonoconiosis). In case of diseases not listed the worker must prove that the disease was caused by the job to claim compensation.

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Last modified: Friday, 1 June 2012, 10:48 AM