Some diversity and inclusivity measures in India

When it comes to inclusivity and diversity within the workplace, companies operating in
India now must face and adhere to four major recent developments in the country’s
employment law.

These four key developments have taken the form of:

1. Enhancement of their maternity leave benefit act

2. Protection changes within the workplace and its conditions mainly focusing on
women working in the State of Maharashtra, the economic hub of Pune and
Mumbai
3. New reporting requirements for specific companies regarding their efforts in sexual
harassment prevention in the workplace
4. Decriminalization of same-sex private consensual sexual conduct between adults

Enhanced Maternity Benefits Act

The central government of amended the Maternity Benefits Act in 2017, to increase the
number of paid maternity leave women were offered. In an amendment to the Payment
of Gratuity Act of 1972, along with a general increase of end-of-employment payment
(called a “gratuity” under the law) from INR 1,000,000 to INR 2,000,000 paid to employees
with at least five years’ continuous service, the maximum period of maternity leave that
can be counted toward the five-year continuous service requirement was increased from
12 to 26 weeks.

The amendment brought about the following changes:

Women with less than two surviving children were now to receive 12 to 26 weeks of paid
maternity leave

Women with two or more surviving children would continue to receive their customary 12
weeks.

Women who either have children through surrogacy or adopt children under the age of
three months were now provided with 12 weeks leave.
On top of the changes in the number of paid leave weeks, the new amendments require
any and all employers with more than 50 employees to provide day-care facilities within
the workplace. These facilities are to work towards easing the transition for women
coming back to work from their maternity leave. More so, during or after this paid maternity
leave, if these women’s work permit terms and conditions allowed them to work from
home, the amendments support this move.

Protections for Female Workers in Maharashtra

Workplace conditions in the State of Maharashtra are governed by the Maharashtra

Shops and Establishments. Recently, this law was revamped enforcing changes that
touched on the working conditions of women in the following aspects:

1. a) Preventions of workplace sexual harassment

Amendments emphasized the need for employers to take strict action towards
implementing the central legislation on Sexual Harassment of Women at the Workplace
Act of 2013. Under this law, employers can get the definition of sexual harassment and
equips them with the necessary mechanisms to redress employee’s complaints on
harassment. It requires that any company with more than 10 employees should have an
Internal Committee dedicated to receiving and redress workplace sexual harassment
complaints raised by women.

1. b) Working conditions requirements for employers

Among other things, an emphasis was put on the requirement for employers within this
region to:

Maintain a complaint box

Display local police and women’s helpline numbers for anyone to reach out to
Avail proper illumination and lighting in all areas women employees often visit
For any business with more than 10 female workers, there needs to be a sufficient number of
female security guards
Ensure that there are safe and separate washrooms for women
1. c) Day-care facilities
Any establishment with more than 50 employees is required to have daycare facilities for
these employees’ children.

1. d) Nightshift work protection for women

For women working the nightshift between the hours of 9:30 pm and 7:00 am, the
amendments prescribe specific working conditions for them. Particularly, an employer
may require a woman to perform nightshift work only if:
She provides written consent to work the shift

There at least three women working that shift at all times

The employer provides safe doorstep transportation to and from the workplace

This law also prohibits women from working the nightshift 24 weeks prior to their giving
birth.

1. e) Health, Safety, and Welfare Committees

Business owners with 100 or more workers are now required to create a Health, Safety,
and Welfare Committee, with equal numbers of employer and worker representatives as
members; a “sufficient number” these members should be women.

The duties and responsibilities of the committee include:

Surveying the establishment premise for accident prone zones

Rectifying these hazards

Conducting annual health and wellness camps

Spreading awareness of any epidemics and contagious diseases

Organizing educational and social awareness programs

Sexual Harassment Prevention Reporting Requirements

As of July 31, 208, companies with 10 or more employees are required to comply with the
Prevention of Sexual Harassment Law’s requirement to create an Internal Committee and
to disclose reports on their compliance. Failure to do so will lead to a minimum fee of INR
50,000 or worse, imprisonment.

The Government of India has also launched an online platform to receive sexual
harassment complaints from women employees employed in both the private sector and
the public sector, known as “She-Box” (Sexual Harassment Electronic Box). The
government will review these complaints, forward them to the Internal Committees of the
respective employers to investigate and monitor the employers’ efforts in addressing the
complaints.

Decriminalization of Consensual Same-Sex Acts

The Supreme Court of India declared the unconstitutional Section 377 of the Indian Penal
Code, 1860 (IPC) on Sept.6, 2018. They emphasized the fact that homosexuals
deserved their fundamental right to choose their sexual orientation, live without stigma,
and benefit from equal protection under the law.

Following these changes, any employees discriminated against by their employers due
to their sexual orientation could claim for a violation of the basic rights of freedom of
expression. More so, gone are the days when employers feared being classified as
having aided and abetted crimes by implementing affirmative action programs for
members of the LGBTQ family. Employers can now freely include LGBTQ employees in
their inclusiveness and diversity practices within the organization.

The landscape of India’s employment law is continuously changing and taking steps
towards inclusivity and diversity for all within the workplace.