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.
Raj
From India
25Our 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.
Raj
From India
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, though 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
From India, Kannur
Regards, Madhu.T.K
From India, Kannur
Dear Raj,
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, Rest room/creche facility 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
From India, Kumbakonam
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, Rest room/creche facility 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
From India, Kumbakonam
Hi Raj,
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.
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.
From India, Gurgaon
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.
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.
From India, Gurgaon
Dear All,
I do agree with the senior's views...
and I would like to add some thing on Crèches Under factories Act, which is an exclusive provision for women employees (Sec 48 ) .
As Mr.Madhu indicated, please prepare Polices on women employment and Sexual Harassment.
For Reference, go through the files attached..
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Coimbatore
I do agree with the senior's views...
and I would like to add some thing on Crèches Under factories Act, which is an exclusive provision for women employees (Sec 48 ) .
As Mr.Madhu indicated, please prepare Polices on women employment and Sexual Harassment.
For Reference, go through the files attached..
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Coimbatore
Dear all,
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 creches are required after 50 female workers as per the Factory Act of 1948, and this requirement may vary from state to state.
Thanks,
Manish
From India, Bangalore
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 creches are required after 50 female workers as per the Factory Act of 1948, and this requirement may vary from state to state.
Thanks,
Manish
From India, Bangalore
Dear Sir, I would like to correct that creche is required when 30 female have been employed in any industry. It may vary on the less than this not more than 30. Thanks & Regards, S.P.Bhardwaj
From India, Delhi
From India, Delhi
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
From India, Mumbai
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
From India, Mumbai
Also go through the "Supreme Court guidelines on Vishakha Case" for sexual harassment guidelines. it is compulsory to be followed at work place.
From India, New Delhi
From India, New Delhi
Dear All,
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.
S. Sethupathy Excellent HR Services Erode.
From India, Coimbatore
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.
S. Sethupathy Excellent HR Services Erode.
From India, Coimbatore
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