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Labour Legislations

Notes The existing labour laws incorporating the provisions of the above ratified Conventions include:
the Factories Act, 1948, Mines Act, 1952, Plantation Labour Act, 1951, Child Labour (prohibition
and Regulation) Act, 1986, Beedi and Cigar Workers (Conditions of Employment) Act, 1966,
Merchant Shipping Act, 1958 and similar other protective labour laws. These laws have also
embodied many provisions of other Conventions and Recommendations relating to the
employment of children and young persons, particularly, Minimum Age (Non-Industrial
Employment) Con.(No.33),1932, Medical Examination of Young Persons (Industry)
Con.(No.77),1946, and Night Work of Young Persons (Non-Industrial Occupations)
Con.(No.79),1946. Efforts are also being made to implement the provisions of the Worst Forms
of Child Labour Convention (No. 182),1999.

Notes The worst forms of child labour comprise:
1. all forms of slavery or practices similar to slavery;

2. procuring or offering a child for prostitution or pornography;
3. using, procuring or offering a child for illicit activities such as trafficking;
4. work likely to harm the health, safety or morals of children.

2.6.3 Employment of Women

The Conventions and Recommendations adopted to regulate conditions of employment
exclusively of women workers deal with maternity protection, night work, employment in
unhealthy processes and equal pay.

The Maternity Protection Con. (Revised),1952 deals with maternity protection immediately
before and after child birth. It provides that no woman worker should be required to work for
at least twelve weeks at the time of her confinement and at least six weeks of this period should
follow the birth of the child. She should be entitled to receive cash and medical benefits as a
matter of right by social insurance or public funds, and is not to be discharged during the period
of her maternity leave.
A woman is entitled to maternity leave for a period not less than 14 weeks which will include a
period of 6 weeks' compulsory leave after childbirth. She is also entitled to a further period of
leave in the case of illness or complications arising out of pregnancy or childbirth, the duration
of which will be in accordance with the national law and practice. The cash benefit is not to be
less than 2/3rds of the woman's previous earnings. The breaks for nursing should be at least an
hour and a half daily and the pregnant woman should not be allowed to work overtime or
during night.

The first Convention dealing with prohibition of employment of women during night was the
Night Work (Women) Con. (No. 4),1919. It was superseded by the Night Work (Women) (Revised)
Con.(No. 41),1934, which was revised by the Night Work (Women) (Revised) Convention (No.
89), 1948. Conventions place a restriction on the employment of women during night in any
public or private industrial undertaking. The Convention defines "night" to signify a period of
"consecutive hours including the interval between l0 p.m. and 5 a.m."
The Equal Remuneration Convention (No.100), 1951 calls for equal remuneration for men and
women, for work of equal value.
The relevant Conventions relating to women workers ratified by India are: (a) Night Work
(Women) Con.(No.4), 1919; (b) Night Work (Women) (Revised) Con.(No.41), 1934; (c) Night

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