While the recently introduced labour laws have, for the first time, prohibited gender disparity in the workplace and given statutory backing to the principle of ‘equal pay for equal work’, labour and HR experts say that substantial groundwork is required from employers to make these rules truly implementable. They fear that without adequate logistical and infrastructural support, some of these provisions may end up as mere box-ticking exercises.
“Employers may consider going beyond compliance checklists and embed gender-sensitive practices into workplace design. This includes revising HR policies to factor in ‘equal pay for equal work’ and eliminating bias in recruitment and promotion. For night-shift roles, employers are legally obligated to provide secure transportation, CCTV surveillance, and obtain written consent from women employees,” said Sonu Iyer, National Leader, People Advisory Services – Tax, EY India.
The law mandates that employers ensure women have equal opportunities to earn higher incomes, including access to high-paying jobs. A key change is the removal of long-standing restrictions on women’s employment in night shifts and high-risk occupations. However, experts point out that this will be feasible only if employers invest in infrastructure upgrades such as well-lit premises, functional restrooms, and crèche facilities to support women’s participation. A key aspect of this will be the proper implementation of the Maternity Act.
“Employers will need to refresh policies around safety measures, night shifts, work-from-home options, working hours, maternity benefits, crèche facilities, and equal opportunities,” said Ankur Jain, Partner and Leader, Contracts & Compliance – Risk & Regulatory, PwC India. He noted that besides updating policies, effective communication and ensuring alignment of underlying processes and systems will be critical. Employers will also need to tighten transport and security arrangements and ensure that contractors adhere to the same standards.
Women can now work in all categories of jobs — including underground mining and heavy machinery — subject to their written consent and adherence to prescribed safety protocols.
A note from Nomura says the labour reforms push towards greater formalisation, wider social security coverage for workers, reduced minimum wage disparity across states, enhanced female workforce participation, and a lower compliance burden for businesses. According to the latest National Statistical Organisation (NSO) data, women’s labour force participation stands at 34%, compared with 55% for men.
While it remains to be seen how smoothly employers implement the changes, the reforms — by mandating equal pay, prohibiting gender-based discrimination in hiring, and expanding social security to gig and platform workers — certainly address key barriers to women’s workforce participation.