The Right To Minimum Wages And Maternity Benefits: A Legal Analysis Of The Protection Of Women Salt Pan Workers – A Comparative Study Of South Asian Countries
Marishwari G.T., Ph.D., Central University of Tamilnadu, Thiruvarur.
Dr. S.K. Balashanmugam, Assistant Professor, Department of Law, Central University of Tamil Nadu, Thiruvarur.
ABSTRACT
Salt production has its origins in the earliest periods of human civilization. As an essential component that supports life on Earth, salt represents a fundamental necessity for human existence. In contemporary society, salt encompasses approximately fourteen thousand documented applications, spanning culinary uses, industrial processes, and de-icing operations. Currently, approximately 120 nations participate actively in salt manufacturing activities. India accounts for approximately six percent of worldwide salt production, while the United States (19 percent), China (15 percent), and Germany (7 percent) constitute the remaining principal producers. The conventional and most extensively employed methodology for salt production involves solar evaporation of seawater and subsurface brine solutions. Nevertheless, developed nations implement vacuum evaporation technologies that yield salt of superior purity. Within India, solar evaporation remains the predominant methodology, although there exists an increasing tendency toward technological modernization.Salt pan workers are the backbone of India's salt production, especially in states like Tamil Nadu, Gujarat, and Rajasthan. Indian Salt Industry is still labour intensive. All the major operations like preparation of beds, extraction of salt, storing on platforms, stacking of heaps, loading into Railway wagons, Motor trucks etc. is done manually.International United Nation global statistics reveal that only 50% of women in developing world contribute to labour workforce. In developing, counties majority of women age between 25-54 years are working as the labour and over the past two decades, legislative bodies instituted various laws in favour of women workers. International Labour Organization (ILO) report on global employment trend for women illustrates, that the women workers in industrial world experience multiple disadvantages. In addition to gender inequality and gender wage disparities, the women workers suffer from migration crisis, poverty, poor work environmental condition, unemployment, insecure earning, triple burden (family, work, and children) . India is the second most populated country in the world with 1.31 billion people and it is expected that by 2024 the population of India will surpass the population of China]. The gigantic population of India is anticipated to provide large labour and consumer market. In Tamil Nadu, as the second-largest in the state, producing 2.50 lakh tons each year. This is a key area for salt production, with salt exports playing a significant role in the district's economy. In India, especially women play a crucial but often overlooked role in the salt production industry. Though salt work is characterized as seasonal, the workers do not consider it as seasonal work. One reason that salt work, which is legally classified as factory work, has not been practically recognized as such is that regulatory bodies often dismiss it as seasonal labour rather than organized industrial labour. Most of the salt pan workers are employed informally. This means they lack official contracts, are not recognized as regular workers, and are often excluded from the benefits that come with formal employment, such as access to maternity benefits, health insurance, and safety standards that the Factories Act ensured. Although the minimum wage law applies to both organized and unorganized sectors, its impact on workers in the unorganized sector is highly debatable. To enable the salt pan industry to fully reap the benefits of the Factories Act, it is crucial to make a concerted effort to formalize these industries and ensure they are properly registered. Additionally, there needs to be improved enforcement of labour laws and enhanced support systems for workers within the informal sector. However, salt pan workers contribute significantly to the global economy, and their plight remains a critical area for policy intervention. This includes improving inspection systems, raising awareness about workers' rights, and ensuring that legal aid is available to those most in need.Maternal benefits encompass compensated leave and medical insurance provisions. In accordance with The Maternity Benefit Act, female employees are eligible for maternity benefits contingent upon their employment for a minimum of 80 days within the 12-month period immediately prior to their anticipated delivery date within an employer's establishment. The maximum duration for which women are entitled to receive maternity benefits is 26 weeks. Additionally, childcare facilities have been mandated for all establishments with 50 or more employees. The primary factor contributing to inadequate maternity benefit utilization is the apprehension of employment termination, particularly within informal work environments. Employees experience coercion from employers to refrain from pursuing benefits due to concerns regarding potential dismissal. This hierarchical imbalance deprives women of their fundamental entitlements and adversely affects their physical well- being and economic security.
Keywords: Salt Pan Workers, Minimum wages, Maternity benefits, Unorganized workers, Factories Act.
