Seeking Urgent Advice: How to Create Effective Policies for Female Employees in Retail?

Hi everybody,

I am Monika G. working in the retail sector. Can anybody guide me on forming policies for female employees working at Company shops in different malls & shops? I am seeking guidelines on the following points:

1) Working conditions for female employees
2) Maternity policy for pregnant employees

Please help me with the above subject as I need to prepare this policy urgently.

Thank you,
Monika

Hi Monica,

You need to check statutory provisions governed by prevailing labor legislation, such as the Shops and Commercial Establishment Act, Maternity Benefit Act, ESI Act, etc. I would suggest you consult a Labor Law expert before releasing the policies.

Dear Ms. Monika,

Regarding working conditions, what I presume is that you need to provide a proper resting room, dining room, and separate toilet facilities, along with other statutory provisions meant for employees as a whole (since, as per the Shops and Establishments Act, there is no differentiation between male and female workers). Please refer to sections 17 to 41 of the act.

As for pregnancy, if your establishment is covered under ESI, then the act will take care of maternity leave. Otherwise, the employee will be covered under the Maternity Benefit Act, 1961.

If you need any further clarification, please contact me at [Login to view].

With regards,
Michael Nicholas

Dear Monika,

Men and women are almost the same today, if we see it from a professional point of view. However, legally, the Government has different laws for men and women. There are certain timings before and after which women cannot work in offices, shops, malls, etc. (Please refer to the Bombay Shops and Commercial Establishment Act for working hours, timings, leaves, and other benefits, etc.)

Regarding maternity benefits, if you're registered with ESIC, the maternity benefit will be provided to the employee through ESIC. Please refer to another post of mine for information on maternity benefits.

I am also associated with another retail giant. We have different shifts - morning, general, and evening, but we only schedule female employees for the general shift.

Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)

Dear Umeash,

Female employees not necessarily have to be employed only in the general shift. The Madras High Court, in its judgment, has stated that female employees can also work for 24 hours, and for the second and third shifts, appropriate safety and privacy provisions should be provided. Now, the parliament is contemplating a change in this regard in the Factories Act, favoring female employees to work in the second and third shifts.

Thanks and kind regards,
Michael Nicholas