The Working Women (Basic Facilities and Welfare) Bill, 2019

The Working Women (Basic Facilities and Welfare) Bill, 2019

Working Women Needs

कर्मचारी भविष्य निधि संगठन 

Employees' Provident Fund Organisation

श्रम एवं रोजगार मंत्रालय, भारत सरकार 

Ministry of Labour & Employment, Government of India

भविष्य निधि भवन/ 

Bhavishya Nidhi Bhawan

14, thout 14 H 75 ch 110066 

Bhikaiji Cama Place, New Delhi 110066

www.epfindia.gov.in

No. HRM-VIII/PQ/2019
Dated: 21.1.2020 21 JAN 2029

To

All ACC (HQ) / ACC (Zones)

ACC (ASD) Head Office Director, 

PDNASS.

Subject: The Working Women (Basic Facilities and Welfare) Bill, 2019 raised by Dr.T.Sumathy(a) Thamizhachi Thangapandian, Hon'ble MP - regarding.

Madam/Sir,

Please find enclosed herewith a copy of e-mail dated 02.1.2020 received from Ministry of Labour and Employment alongwith its enclosure i.e. letter no.H-11018/1/2019-C&WL-Il dated 19.12.2019 on the above subject.

2. In this regard, it is requested to furnish your comments in the matter to Head Office urgently via e-mail at rc.hrm8@epfindia.gov.in. by 24.01.2020 for onward submission to Ministry of Labour & Employment.

Encl: As above.

Yours faithfully,


Uma Mandal

Addl. Central P.F. Commissioner (HRM)

THE WORKING WOMEN (BASIC FACILITIES AND WELFARE) BILL

A
Bill
to provide for the protection of women from discrimination, and for the basic “facilities like creche, recreational facilities, maternity benefits, hostel and transport incilius, and for the welfare measures to be taken by the employers and the State for sis women employees working in Government establishments; public sector
enterprises including banks and parts, educational institutions including universities, colleges and schools, factories, wines, plantations, agricultural fields, orchards and such other places
and for matters connected therewith
and incidental thereto.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:

1. Shoa title, extent and commencement

(1) This Act may be called the Working Women (Basic Facilities and Welfare) Act, 2019 

(2) It extends to the whole of India. 

(3) It shall come into force with immediate effect.

2. Definition 

In this Act, unless the context otherwise requires:

(a) "appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government;
(b) "child" includes a stillborn child;
(c) "employer" means,

(i) in relation to an establishment which is under the control of an appropriate Government, the person or authority appointed by the appropriate Government for the supervision and control of the employees or where no person or authority is so appointed, the head of the establishment;

(ii) in relation to an establishment under any local self-government or authority, the person appointed by such authority or local self-government for the supervision and control of the employees or where no person is so appointed the Chief Executive Officer by whatever name called of the local self-government or the authority, as the case may be;

(iii) in other cases, the person who or the authority which has the ultimate control over the affairs of the establishment;

(d) "establishment" include an office of the appropriate Government, quasi Government or department including telegraph office, post office, telephone exchange, a mine, a plantation, an agricultural field, a hospital or nursing home, a shop or any business establishment, a brick kiln, construction site, any banking establishment, 20 any private office or house, any school, college university or like institution, establishment for the exhibition of equestrian, acrobatic and other performances and any other such place where a woman is employed for any work whatsoever;
(e) "factory" means a factory as defined in the Factories Act, 1948;
(f) "industry" means an industry as defined in the Industrial Disputes Act, 1947;
(g) "prescribed" means prescribed by rules made under this Act; and
(h) "working woman" means a woman who is employed whether directly or indirectly through any agency or contractor, as the case may be, for wages in any establishment, factory or industry.

3. Appropriate Government to ensure non discrimination and equal wages for working women.

It shall be the duty of the appropriate Government to ensure that no discrimination 30 is done by any establishment on gender basis with its women employees particularly in the matter of payment of wages which are paid to her male counterpart in such establishment.

4. Employer to have childcare facilities for 

(1) Notwithstanding anything contained in any other law for the time being in force, every employer shall provide basic childcare facilities such as milk, tiffin, clothes, toys, trained ayahs and other essential facilities for the children of women working in the establishment working women.

(2) The appropriate Government shall ensure that every employer of an agricultural field provide mobile childcare facilities for the working women in his establishment:

Provided that two or more such employers may provide common childcare facilities for their establishments.

(3) The appropriate Government Shall open such number of crèches at such places as it may deem necessary for carrying out the purposes of this Act. 

5. Recreational facilities 

Every employee shall provide retiring rooms with facilities like bathroom. latrine, drinking water at the workplace or worksite of the working women and recreational facilities. 

6. Security Arrangements

Every employer shall provide adequate and proper security measures for the safety of working women in the establishment factory or industız. 'as the case may bc. and provide transportation facility free of cost if the employee comes to workplace after the sunset or has to leave the work place before sunrise

7. Maternity facilities 

Every employer shall provide free complete medical facilities including maternity benefits.

8. Hostel and transport facilities 

Every employer shall provide hostel and residential facilities both for married and unmarried working women nearest to their place of work and cheap, safe and quick transport facilities for such working women.

9.  protection from health hazards

The appropriate Government shall ensure Protection from health hazards particularly for the women working in factories or industries like beedi, tobacco,hazards. stone nines, cashew, fish processing, salt, silk construction projects and such other establishment as may be prescribed.

10. Register of women 

Every employer shall provide one year child care leave with full salary and other benefits to the working. married women till the child attains the age of eighteen years. Provided that no such facility shail ize available for more than two children.. ihe appropriate Government shall maintain a register of working women in such manner and at such place as may be prescribed;

11. Overriding effect of the Act

(1)The appropriate Government may require an employer to furnish for the purposes of this Act, such statistical and other information, in such form and within such period as may be Power make rules.

(11) The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being force, but save as qfcressid the provisions : this ct shall be it addition to and mon in derogation of any other law for the time being applicable to the working women. 

12. Power to make Rules

(1) The Central and State Government , by notification in une Oincial.Tazı ic. make rules for carrying out the purposes of this Act

(2) Every rule made under this, Act shall be laid, as soon as may be after it is made, before each house of Parliament or the Legislative Assembly and the Legislative Council, as the case may be, while it is in session, for total period of thirty days which may be comprised in one session in two or more successive sessions, and if, before it expire; the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the rule or both the Houses agree that the 35 rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the ca e may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS 

Despite the unabated female foeticides and dwindling population of girls in the country and the conservative attitude of the society towards women, more and more women are venturing out of their houses to work to support their families. As a result, the number of working women in Government services, factories, industries, commercial establishments, agriculture, mines, fish processing sector, silk industry and so on so forth is increasing day by day, but their conditions of employment need amelioration. Women are also engaged in IT industry service industry in large numbers. Various basic and essential facilities which are supposed to be made available to the working women by the Government and private employers are either absent or not adequate and satisfactory. Unfortunately, in most of the private sector including agricultural sector, the facilities are rather minimal or negligible and the working women are an exploited lot there. The existing labour laws also do not provide for proper medical, educational, recreational and other facilities for the working women and their children. As regards, other social security measures like security, transport, accommodation have also not been made so far. In many establishments they are not given equal pay for work. This discrimination has to be stopped. 

Hence it has become necessary to provide adequate welfare measures for the working women. 

Hence this Bil!.

New Delhi

The Working Women (Basic Facilities and Welfare) Bill, 2019

FINANCIAL MEMORANDUM 

Clause 4 of the Bill provides for certain childcare facilities of the working women. Clause 5 provides for recreational facilities for working women and their children, Chuse 6 provides Gat the appropriate Government to provide adequate and proper security measures for the safety of working women. Clause 7 pie vides for healthcare. Clause 8 provides for hostel and transport facilities for the working women. Clause 9 provides for appropriate Government shall ensure protection from health hazards of the working women. Clause 10 provides for child care leave with free salary. The expenditure relating to States shall be borne out of the consolidated Fund of the State Government concerned. However, the expenditure in relation to Union territories shall be borne out of the Consolidated Fund of India. The Bill, if enacted. wil! la voice expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two thousand crore may involve as recurring expenditure per annum. 

A non-recurring expenditure of rupees five thousand crore is also likely to involve.

MEMORANDUM REGARDING DELEGATED LEGISLATION 

Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will related to matters of details only, the delegation of legislative pc. er is of a normal character.

The Working Women (Basic Facilities and Welfare) Bill, 2019

The Working Women (Basic Facilities and Welfare) Bill, 2019