Navigating New Policies: How to Ensure Compliance When Hiring Female Employees in Manufacturing

Dear All, Our company is a manufacturing unit, and we have been in operation for 18 years. Previously, we did not have any female employees in our organization. However, with the implementation of a new policy, we have started recruiting female employees. We have always adhered to all relevant acts and laws. Now that we are hiring female employees, I would like to know the procedures I need to follow. Specifically, which department should I inform (Labour/Factory Inspection)? Are there any specific forms that I need to fill out? I would appreciate your guidance on this matter. Thank you in advance.

Regards,
Raj

Recruiting Female Employees: Legal Considerations

For recruiting female employees, no approval of any kind is required. The only thing is that when you have female employees, the Maternity Benefit Act will become applicable to you. However, the claim for maternity benefits will start only later, since for eligibility, one has to be in service for at least 80 days.

Similarly, you are not supposed to discriminate between females and males when fixing salary, granting promotions, etc., as per the Equal Remuneration Act. Furthermore, female employees should not be asked to work during the night unless your type of industry is exempted from this provision. If so, you still have to engage them in groups only.

Regards,
Madhu.T.K

I second the guidance given by Mr. Madhu T.K. Furthermore, I would like to tell you a few more necessities, i.e., toilet facilities and rest room/creche facilities for their breastfeeding kids.

For further details, I am enclosing the Maternity Benefit Act, 1961 for your easy reference. Refer to the Act and make necessary formats, registers, and further, you can start forwarding the returns as required by the authorities.

All the best.

Regards

It's good that you are ready to employ women/female employees, but there is nothing to worry about. Mr. Bhaskar has also given you a document that will help you in this regard.

Guidelines for Employing Female Workers

Basically, the same procedures that apply to recruiting male workers will apply to recruiting female workers. However, there are a few guidelines you have to follow which are laid down by the Government/Labor Law of India, especially for women. For example, "A woman worker cannot be employed beyond the hours of 6 a.m. to 7 p.m. The state government can grant exemptions to any factory or group/class of factories, but no woman can be permitted to work between 10 p.m. to 5 a.m. Shift changes can only occur after a weekly or other holiday, not in between." [Section 66]

For the full guidelines and the Handbook of Labor Law Act, they have been enclosed for you. Additionally, you can visit the weblink posted here for more Acts and Laws of India.

LEGAL INDIA: LAW NETWORK OF LAWYERS, ADVOCATES & LAW FIRMS OF INDIA: NEWS, VIEWS & ARTICLES: LEGAL QUERY, HELP, ADVICE & OPINION

Thank you.

I do agree with the senior's views, and I would like to add something on Crèches Under Factories Act, which is an exclusive provision for women employees (Sec 48). As Mr. Madhu indicated, please prepare policies on women employment and sexual harassment. For reference, go through the files attached.

Regards,
S. Sethupathy

Thank you for the very good discussion. I found the postings by Mr. S. Sethupathy and Mr. Anil Arora to be very useful. In the same context, I would like to add that crèches are required after 50 female workers as per the Factory Act of 1948, and this requirement may vary from state to state.

Thanks,
Manish

Clarification on Creche Requirement

I would like to clarify that a creche is required when 30 females have been employed in any industry. The requirement may vary, being necessary for fewer than 30 employees but not exceeding 30.

Thanks & Regards,
S.P. Bhardwaj

Dear All,

I agree to a large extent with what other learned members have mentioned. However, there are certain classifications of work and industries wherein the employment of females is restricted by law. These specific work areas or industries are considered too hazardous for females and require a very high level of expertise acquired over a period of time or through training. To understand which work and industries are covered under such acts, you will need to refer to various labor laws.

Regards,
Octavious

Supreme Court Guidelines on Vishakha Case

Also, go through the "Supreme Court guidelines on Vishakha Case" for sexual harassment guidelines. It is compulsory to be followed at the workplace.

Regards

Mandatory Constitution of a Complaints Committee

As Saunee pointed out, it is mandatory to constitute a complaints committee. It should be headed by a woman employee, and more than half of the members should be women. Please go through the files to get a clear picture of the Vishakha judgment and its aftermath.

Regards,
S. Sethupathy
Excellent HR Services
Erode.

I am preparing a code of conduct. Can anybody let me know what should be mentioned in the sexual harassment topic in simple and clear language?

Policy Against Sexual Harassment at the Workplace

I am sharing a draft of the Policy Against Sexual Harassment at the Workplace that I prepared and posted around two years ago. I hope it will assist you in creating your policy. You are welcome to make any necessary adjustments to suit your establishment.

Regards,
Madhu.T.K