Why labour laws mention 'he/his' and not 'she/her'? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
There was a time when workforces were heavily male-dominated but now that we are so much concerened about equality, D&I policies; and so many amendments to these laws have come, why don't they correct it.
e.g. I was reading the Codes on Wages, 2019 act and this occured to me for the 100th time maybe, when in Sec 18, subsection 2, they say 'fines imposed on him'. In 2019, how could they miss mentioning 'her'!
I am an MBA(HR) student and I really want to know the reason behind this.

Please do not think that labour laws are male dominated. For the sake of convenience, it is mentioned as he/him - He/him is including she/her.
I think that the poster is very much concerned about the use of gender-neutral language even in Laws. But tackling gendered references in Laws would be a bit more challenging unlike in journalistic and academic writings. Therefore only for the sake of simplicity and universal understanding masculine gender is generally used in Laws. In this connection, I would request the poster to go through the General Clauses Act,1869 the purpose of which is to define certain terms occurring in Laws which remain either undefined or a bit ambiguous. There is a separate section regarding the interpretation of gender language wherever and whenever used in a Law as follows:
"SECTION 13: GENDER AND NUMBER:
In all (Central Acts) and Regulations, unless there is anything repugnant in the subject or context, words imposing the masculine gender shall be taken to include females and words in the singular shall include the plural and vice versa."
For instance the poster can go through the Maternity Benefit Act,1961 which seeks to confer certain compulsory benefit on pregnant women employees. In this Act, all the reference to an employee is used in feminine pronoun only.

From the law-makers' part, still a little unreasonable.
But well written Mr. Umakanthan and Mr. Nair. Thanks.

Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™