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Industrial Relation And Women Employees Presented by: Dr . Anil Sardhna Associate Professor , Dr . PG Arul Assistant P r ofessor Shaheed Bhaga t Singh Colleg e ( Univer sity of Delhi) New Delhi-17

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Industrial Relation

AndWomen Employees

Presented by:

Dr. Anil Sardhna

Associate Professor,

Dr. PG Arul

Assistant ProfessorShaheed Bhagat Singh

College ( University of Delhi)

New Delhi-17

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HISTORICAL PERSPECTIVE ² WOMEN IN INDIA

� During Vedic period (3000-1200 BC)women were on par with men.

� During post Vedic period they startedloosing this status..

� During the Mughal rule, women's statuswas even more reduced.

� During British rule, reforms wereinitiated with respect to status of women.

� In free India legally at least, men andwomen are equal.

� In free India we have to deal with apsyche that has come down from the

ages.

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STATISTICS - INDIA

� Population

� Males ± 532 million

� Females ± 497 million

� Sex ratio 933 women for every 1000 men

Year Year Pop.Pop.

(In millions)(In millions)

19511951 361361

19711971 548548

19911991 846846

20062006 11141114

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STATISTICS - EDUCATION

� No. of Universities

(1951 ± 27 2000 ± 254)

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Women constitute a significant part of the work-force in

India.

The work participation rate continues to be substantially

less for females than for males. There has been some

improvement in the work participation rate of femalessince 1971.

Majority of women workers are employed in rural areas.

Amongst rural women workers, 87% are employed in

agriculture as laborers and cultivators. Amongst women

workers in urban areas, about 80% are employed in

unorganized sectors like household industries, petty trades

and services, buildings and construction, etc.

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Work participation rate for women, which was 7.18 and 9.74 percent in urban

areas In 1971 and 1991 respectively went up to 11.55 in 2001. In the rural areas

the female work participation rate has shown steady improvement since 1971 as

compared to urban areas. It has risen from 15.92 in 1971 to 27.20 in 1991 and to30.98 in 2001.

WORK PARTICIPATION

RATE IN INDIA

( 1971-1991) Year 

Total

Rural

Urban

Persons Males Females

1971 TotalRural

Urban

34.1735.33

29.61

52.7553.78

48.88

14.22

15.92

7.18

1981 Total

Rural

Urban

36.70

38.79

29.99

52.62

53.77

49.06

19.67

23.06

8.31

1991 Total

Rural

Urban

37.68

40.24

30.44

51.56

52.50

48.95

22.73

27.20

9.74

2001 (Provisional) Total

Rural

Urban

39.26

41.97

32.23

51.93

52.36

50.85

25.68

30.98

11.55

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Employed men and women by indust y - July 2008

0 100 200 300 400 500 600 700 800 900 1000

Agr r r r   g

Mining

Manufactur ing

Electr icity, gas and water supply

Constr uction

holesale tr ade

Retail tr ade

Accommodation, cafes and r estaur ants

Tr anspor t and stor age

Communication ser  ices

Finance and insur ance

r oper ty and business ser  icesGover nment administr ation and defence

Education

Health and community se r vices

Cultur al and r ecr eational ser vices

er sonal and other ser vices

'000

Men omen

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Employed men and women by occupation - July 2008

0 200 400 600 800 1000 1200 1400

Managers and administrators

Professionals

 Associate professionals

Tradespersons and related workers

 Adv. clerical and service workers

Intermed. clerical, sales and service workers

Intermed. production and transport workers

Elemen. clerical, sales and service workers

Labourers and related workers

'000

Men Women

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Labour force status - women aged 20-59 - 1996-

2006

0%

10%

20%

30%

40%

50%

60%70%

80%

90%

100%

    1    9    6    6

    1    9    6    9

    1    9    7    2

    1    9    7    5

    1    9    7    8

    1    9    8    1

    1    9    8    4

    1    9    8    7

    1    9    9    0

    1    9    9    3

    1    9    9    6

    1    9    9    9

    2    0    0    2

    2    0    0    5

    %

    o    f   p   o   p   u    l   a    t    i   o   n unemployed

part-time

full-time

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Key Labour Force Statistics

Women Men

Part-time work (% of employed aged 20-59) 30% 4%

Full-time work (% of employed aged 20-59) 70% 96%

Total work (% of population) 70% 85%

Owner managers (% of employed) 13% 23%

Casual (% of employees) 25% 16%

Permanent (% of employees) 75% 84%

Average full time ordinary time earnings(Feb 2008) $1,190 $1,003 84.3%

Total average weekly earnings (Feb 2008) $1,065 $695 65.3%

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Women in Business in India

� While we have progressed in different areas, there is

another side..In PSUs women comprise only about 5.68%

of the total workforce

�  About 20,905 women managers of whom only 1-2 have

made it to the top.� IT companies in India employ 20-25% women while BPOs

employ over 50%

� The flipside is that only 6% reach senior levels.

Women get promoted earlier than men and yet why don¶tthey reach the top? ± relocation, work timings, travel aresome of the reasons.

� Women have now made their presence felt in maledominated industries like manufacturing, airlines (pilots),insurance, real estate and the like.

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Hindrance to have a career for

women employeesSome of the reasons are:

1. Marriage

2. Husbands career more important

3. Parenthood during critical time of 

career 4. Social expectations of role of 

mother/daughter/wife

5. Lack of networking

6. Satisfied with routine job7. Women's income still considered

secondary

8. Bureaucratic mindset

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Why don·t women reach the top?

Some of the reasons are:

� Most men do not share homeresponsibilities

� Higher positions not taken up

by women due to greater responsibilities

� Women face issues like on siteassignments and spouselocation

� At interviews, with women,there continues to be askepticism due to issues of marriage and transfers.

� Easier for men to make career choices.

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Factors Influence Women·s Growth in

Employment

Women·s Growth

SocializationProcess

IndividualCharacteristics OrganizationalPractices

*

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Issues @ Work

� Seen not heard

� Reduced rights to union support

� Treatment by male colleagues

� Discrimination and harassment� Fewer in employment

� Wage differentials across the board

� Safety issues

Lack of paid maternity leave� Lack of family friendly working conditions

� Inadequate child care facilities (specially in public sector)

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Women in industrial relations

� Public sector union membership higher for women among

part-time employees.

� Female union membership in the private sector is lower 

(11% compared to 16% men).

� High degree of satisfied non-members in private sector 

part-time employment (69% women compared to 59%

men).

� Despite this, women rely on collective arrangements

(female v male):

y  Award plays a role (70% v 60%)

y  Award reliance (46% v 35%)

y Collective pay setting (67% v 56%)

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CURRENT SITUATION

� Persistence of gender pay gap

� Increasing gap between F/T & P/T earnings

� Gender segregation both across industries and withinworkplaces

� Women significantly underrepresented in management

�  Any focus on gender equality in paid work has disappeared

� Patchy and inadequate provision of family friendly benefits

� No fixed Post Maternity Leave

� Women with young children least likely to have access to anyfresh jobs

� Paying the price for part-time work in poorer wages &conditions

� Increase in workplace-hostile and family hostile conditions 

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 Changes In Industrial Relations Not Implemented Properly

 ....................

� The Government of India ratified the ILO Convention No. 100 of 1951 relating to

equal remuneration for men and women, in the year 1958. To give effect to the

Constitutional provisions and also to ensure the enforcement of ILO Convention

No.100, the Equal Remuneration Ordinance was promulgated in the year 1975.

� But still unfair trade practices and violation to this act has been presistant

� Following social welfare organizations have been recognized under the Equal

Remuneration Act, 1976 for the purpose of filing complaints in courts against

employers for violation of the provisions of the Act:

The Centre for Women¶s Development Studies, New Delhi

The Self Employed Women¶s Association, Ahmedabad

The Working Women¶s Forum (India), Chennai

The Institute of Social Studies Trust, New Delhi

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Scenario Today««

�India has the world·s largest number of professionally qualified

women.

�India has more female doctors, surgeons, scientists and professors

than the United States.

�India has more working women than any other country in the world.

This includes female workers at all levels of skill ² from the surgeon

and the airline pilot to bus conductors and menial labourers.

On an average however, women in India are socially, politically and

economically weaker than men.

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Changes in Industrial Relations

� No role in wage fixing

� Can only determine disputes if both parties voluntarily agree

� Can conciliate in limited circumstances; also private mediators

� Limit power of unions.

� Prohibition on industrial action for life of agreement

� Unitary IR system

� Rely on corporations power to override State IR laws applying to

employees of corporations

� State IR systems will continue to cover some state public sector � employers and employees of unincorporated bodies.

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Changes Encouraged� Maximum weekly hours of work

� Request for flexible workingarrangements

� Parental leave and related

entitlements�  Annual leave

� Personal/Career¶s leave andcompassionate leave

� Community service leave

� Long service leave

� Public holidays

� Notice of termination andredundancy pay

� Fair Work Information Statement

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IMPORTANT DECISIONS

� 1969/72 - Equal Pay

� 1979 - Maternity Leave

� 1990 - Parental Leave;

� 1994 - Family Leave;

� 1995 - Personal/Career¶s Leave

� 2001 - Parental Leave for Casual

Employees;

� 2002 - Reasonable Hours/WorkingHours.

� 2005 - Family provisions

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Paid parental leav e

� Equality for women

� Benefits to babies and

parents

� Long term benefits ±

health, emotional,

cognitive, social� Role of fathers and

paternity leave

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Provisions For More Employment

Access For Women

Womens access to employment is to a significant extent

related to their access to education and skills. The Ministry of 

Human Resource Development (Department of Education) has

brought under implementation several programs for providing

special access to education at all levels for women. Objectives

of these programmes are universalisation of  elementary

education, vocationalisation of  post secondary education and

modernization of polytechnic and higher technical education.

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VOCATIONAL TRAINING PROGRAMMESWas launched in 1947 under the Directorate

General Of Employment And Training.

Aim to increase womens employability in

wage/self employment through skill training

and development.

Under this, 1 National and 10 Regional

Vocational Training Institute organize regular

skill/vocational training courses at basic

,advanced and post advance level for women

who possess upto 10th & 12Th standardeducation and qualify the specific eligibility

criteria laid down for various courses.

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Under the State Sector, a network of exclusive Women IndustrialTraining Institutes have been set up under the administrative

control of the State Governments which provide basic skill training

courses for women.

At present there are 776 exclusive women trainingInstitutes(WITIs) (224 W.I.T.I.s and 552 women wings in

general/private ITIs) offering training to more than 47472 women.

Indian Institute of Workers Education, Mumbai has established aseparate cell on Women and Child Labour and evolved advanced

training programmes for the women activists of Central Trade

Union Organizations, who are involved in the upliftment and

welfare of women and child labour in the country.

OTHER INSTITUTES

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SPECIAL CELL FOR W OMEN LABOURThe Ministry of Labour had set up a

Women Labour Cell in 1975. The intentionwas to focus attention on the condition of 

working women and bring about

improvement therein. The Cell has the

following functions:

� Formulation and coordination of 

policies and programmes for the female

labour force within the frame work of 

national manpower and economic

policies.� Maintaining liaison with other 

Government agencies to secure

effective implementation of the

programmes in respect of women

workers.

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� Setting up of an  Advisory Committee under the Equal

Remuneration Act, 1976.�Giving grants-in-aid to Non-Governmental Organizations/

Voluntary Organizations to formulate and execute action oriented

projects for women workers

� It also convene the meeting of the Central Advisory Committee,which has been constituted under the Equal Remuneration Act,

1976, and follow up the recommendations made by the

Committee.

� Another important activity of the Women Cell is to examine and

process project proposals to carry out studies on mattersaffecting women workers and also to fund programmes aimed at

improving their economic well being

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EMPLOYMENT OF WOMEN

 ± Name of EnactmentProtective Provisions

The Bidi & Cigar workers

(Conditions of Employment)

Act,1966.

Provision of crèches for the benefit of women

workers in the industrial premises wherein more than

fifty female employees are ordinarily employed.

The Plantation Labour Act,

1951.

Provision of crèches in every plantation wherein fifty or 

more women workers (including women workers

employed by any contractor) are employed or where

the number of children of women workers (including

women workers employed by any contractor) is twenty

or more. Women workers are provided time off for 

feeding children.

The Contract Labour 

( egulation & Abolition) Act,

19

Provision of crèches where twenty or more women are

ordinarily employed as contract labour.

emale contract labour to be employed by any

contractor between 6AM and PM-with the e ception

of mid-wives and nurses in hospitals and dispensaries.

LINK1

LINK2

LINK3

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a ern y ene c ,

1961

a ern y ene s o e prov e on comp e on o ays

working. Not required to work during six weeks immediatel

following the day of delivery or miscarriage. No work of 

arduous nature, long hours of standing likely to interfere with

pregnancy/normal development of foetus or which may cause

miscarriage or is likely to affect health to be given for a period of 

six months immediately preceding the period of one week befor 

delivery. Rs.250.00 as Medical bonus to be given when no

prenatal confinement and post natal care is provided free of 

charge

Equal Remuneration

Act, 1976

Payment of equal remuneration to men and women workers

for same or similar nature of work protected under the Act.

Employee¶s State

Insurance (General )Regulation, 1950

Claim for maternity benefit becomes due on the date

medical certificate is issued for miscarriage, sicknessarising out of pregnancy, confinement or premature birth of 

child. Claim for maternity benefit becomes due on (General

Regulation 1950) the date medical certificate is issued for 

miscarriage, sickness arising out of pregnancy, confinement or 

premature birth of child.

LINK4

LINK5

LINK6

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The Inter State Migrant Workmen

(Regulation of Employment &

Conditions of Service) Act, 1979

Provision of crèches f or the benefit of women

workers in establishments wherein twenty or more

women are ordinarily employed as migrant workers

and in which employment of migrant workers is

likely to continue for three months or more.

The Factories Act, 1948 Provision of crèches in every factory wherein

more than thirty women workers are ordinarily

employed.

The Mines Act, 1952 Employment in mines below ground prohibited.

Provision of separate toilets and washingfacilities for women workers.

Beedi Workers Welfare Fund

Act, 1976

Appointment of women member in the Advisory

and Central Advisory Committee is mandatory

under the Acts.

Industrial Employment (

Standing Orders ) Act, 1946.

Provision regarding safeguards against sexual

harassment of women workers at their work

places.

LINK7

LINK8

LINK9

LINK10

LINK11

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Flexibility in working hours

Leave for rearing minor children

Maternity leaves

Setting up of these day-care-centers

 Accommodation

Protection of women against domestic violence

Grant of transfer TA

Recommendations By The 6th Central PayRecommendations By The 6th Central Pay

Commission For Women EmployeesCommission For Women Employees

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Go v ernment Decisions

� Not accepted in case of flexibility in working hours

� Child care leave: Upto two years during entire service period for childcare like rearing of child, or to meet other needs like sickness,examination etc. of maximum two children (less than 18 years of age)with leave salary in one or more spells. Also allowed for third year asleave not due and may be combined with leave of the kind due and

admissible.

� Maternity leaves:

a) The existing ceiling of 135 days Maternity leaves shall be enhanced to180 days.

b) Women employees in whose case period of 135 days leave has not

expired on said date will be entitled for 180 days Maternity Leaves� Decision awaited in case of Setting up of these day-care-centers

� In case of accommodation, decision awaited

� Accepted in case of grant of transfer TA

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The other side of  the coin«

� Gender gap is closing in industries like IT and BPO

� In the long run it is not gender but hard work &commitment that decides where a womans career goes.

� Organizations are increasingly looking at what a person isable to bring to the organization and are not reallyconcerned about gender

� Glass ceilings do exist in traditionally male dominatedindustries but increasingly, rules about equal opportunitiesemployment make it harder for corporate to discriminateon the grounds of gender than ever before.

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Success

S tories«� Many women head organizations than ever before.

However these numbers need to be improved.

� Chanda Kocchar, Lalita Gupte(ICICI Bank), Kiran

M Shaw (Biocon), Naina Lal Kidwai (Morgan

Stanley), Ranjana Kumar (exN ABARD),Sulajja

Motwani(Kinetic Engg.), Ekta Kapoor (BalajiTelefilm), Naina Kidwai (HSBC) Anu Aga (former 

chairperson Thermax) & who can miss Indra

Nooyi (Pepsi Co)

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More success stories«..Women in Indian organizations have been

involved in :

� Partnering with women suppliers

� Donate to natural disasters and ensure it ismanaged and accounted for.

� Monitoring working conditions

� Monitoring child labour 

� Interface with self help groups

� Education programmes� Health programmes

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Na tional Scenario

Major changes in the legal front:

� Marriage, divorce, inheritance, education

employment,

� Major advancements in the political front-Powerful

leadership-Women President-33% reservation for women

in legislature (proposed)

� NGOs and Women¶s Organizations are doing a great jobat grass roots.

� Self Help Groups have proliferated-A powerful force

working towards poverty alleviation at various levels.

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42 42

Times Are Changing«

� More women than menearn degrees.

� Number of womenreceiving degrees hasincreased at a faster rate

� Over large % of theworkplace is female

� Women are startingbusinesses at a ratetwice that of men.

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�  A commitment to government research that examines the

impacts of proposed reforms on women.

� Unfair dismissal exemption to only apply to small business

with less than 15 staff.

� Provide a future mechanism for the improvement of 

community standards, e.g., family friendly conditions, equal

pay etc.

� Ensure that the future determination of minimum wages takes

into account the needs of workers and their families.

�  Accessible affordable mechanisms must be made available to

assist women with disabilities in cases of unfair dismissal.

Recommenda tion

s

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� Require judges and other court officials to attend trainingprograms that cover dynamics of unequal power 

relations, myths and stereotypes, effects of trauma,

forensic evidence and procedures as these apply to

cases of abuse of women in intimate relationships, rape,

sexual harassment, trafficking and prostitution at workplaces.

�  Appoint more women judges and justices in the judiciary

� Provide and ensure hospitable court environment for 

women judges, prosecutors, lawyers, court monitors andadvocates for women

� Provide adequate funds for local courts

Recommenda tions  to Cour ts

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F ocus of CSR for Women

� Gender sensitive advocacy programs at all levels whichare need based

Programs that

� address the need to recognize intellect and skills of women

� Sensitivity to the needs of women in the light of their dualresponsibilities both at home and work- Flexible timings,crèches, maternity benefits and leave, incorporate sexualharassment policies.

� Need to tap the powerful talents of women who intrinsicallyhave a passion towards human beings in social networking

and sharing of managerial responsibilities� Women do not need sympathy but a recognition and

respect of who they are and what they can give to theorganization

� Leadership training programs which should be for both

genders to inculcate the spirit of leadership and team work

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CSR for w omen-contd.

� Remove gender mindset in women and men that onlycertain types of jobs can be done by women ± requires along drawn out plan on confronting gender issues at thework place ± training, seminars, workshops.

� Employment of more women will give the needed impetusto empower them ensuring equality in salaries, promotionopportunities

�  Attitudinal change in the Board room ± link up withmanagement institutes/ industry confederations

�  Ability to choose alternate career within the same industry

� Women in top management to develop other women.

� Mandate women in Boards of companies

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CSR for w omen«.contd.

� Highly educated women stop careers midway for socialand family reasons ± how can we get them to use their talents? How do we get a social paradigm shift ± for instance getting men to help in sharing homeresponsibilities.

� Share best practice within industries

� Start walking the talk .

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 Jawaharlal Nehru said :

³You can tell the condition of anation by looking at the status

of its womenµ.

THANK YOU«