The central government has implemented a new labor law. The new labor reform law introduces significant changes. Following four labor laws, new regulations have been implemented, covering salary, gratuity, employee health, and equal pay for women employees. For the first time, gig workers have been brought under legal purview.
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New Labor Laws: The Central Government has implemented the new Labor Law. The new labor reform law introduces significant changes. Following four labor laws, new regulations have been implemented covering salary, gratuity, employee health, and equal pay for women employees. For the first time, gig workers have been brought under the legal ambit. The Central Government’s Code on Social Security, 2020, represents a significant reform of India’s labor welfare framework. It aims to ensure comprehensive and inclusive social security for all sections of the workforce, especially gig and women workers. It consolidates nine existing social security laws into a single and streamlined framework.
What’s Special for Women in the New Labor Law?
The new rules recognize gig and platform workers for the first time, and a social security fund is being established for their welfare. Furthermore, a National Social Security Board will be established to formulate and monitor schemes for various working classes in the unorganized, gig, and platform sectors, and to advise the government. All unorganised, gig and platform workers will have to register themselves on the National Portal, after which each worker will receive a Unique Identification Number (UID). This will be Aadhaar-verified and valid across the country.
What has changed for female employees?
Under the new rules, a female employee who has worked at least 80 days in the 12 months prior to delivery can receive maternity benefits equal to her average daily wages during the leave period. The maximum maternity leave period will be 26 weeks, of which a maximum of 2 months can be taken before delivery. Additionally, a woman who adopts a child under 3 months of age or is the biological mother using surrogacy will receive 3 months of maternity leave from the date of adoption or the date the child is delivered.
Two Breaks for Breastfeeding
Under the new rules, proof of maternity-related conditions such as pregnancy, childbirth, miscarriage, or related illness has been simplified under the Code. Now, a registered medical practitioner, an accredited social health activist (ASHA worker), a qualified auxiliary nurse, or a midwife can issue a medical certificate. Under Section 64, if the company does not provide free pre- and postnatal care to a female employee, the employee will be given a medical bonus of Rs. 3,500. Additionally, a female employee who returns to work after delivery will be given two nursing breaks daily to breastfeed her child until she is 15 months old.
What are the laws on work from home?
Female employees returning to work after maternity leave will be allowed to work from home if the work can be done from home. This work-from-home facility can be granted upon mutual consent between the employer and employee. The rules regarding crèche facilities specify that companies with more than 50 employees must provide crèche facilities within a specified distance. Furthermore, female employees must be allowed to visit the crèche four times daily. If a female employee does not receive crèche facilities, she will be paid a crèche allowance of at least ₹500 per child per month, up to a maximum of two children.
