Mental Health at work place and Labor Laws
Introduction
Mental health refers to our emotional, psychological, and social well-being. It influences how we think,
feel, and act and plays a crucial role in how we handle stress, relate to others, and make choices. Nearly
60% of the global population is part of the workforce. All workers have the right to a safe and healthy
work environment. Mental health is a key part of overall well-being, but many people still face stigma
and challenges in accessing care. Issues like workplace stress, the impact of social media, and
increasing anxiety among young people highlight the urgent need for supportive measures. Without
effective support systems in the workplace, especially for those with mental health conditions,
individuals may struggle to enjoy their jobs and perform at their best.
Current Issues
Mental health conditions are common. It’s estimated that 1 in 3 women and 1 in 5 men will experience
major depression during their lives. Around the world, 1 in 7 young people aged 10–19 suffers from a
mental disorder, contributing to 15% of the global disease burden for this age group. Suicide is the third
leading cause of death for individuals aged 15 to 29.
A stressful work environment, characterized by high demands and poor management, can lead to
burnout and depression. The workplace can significantly influence employee’s mental health,
especially in office settings where employers can make changes. A survey called the 360 Global
Wellbeing Survey found that only 35% of respondents reported having flexible working hours and
locations, despite this being a top priority for job seekers. According to an article from the Times of
India, 71% of employees in India feel comfortable discussing mental health at work, but nearly 60%
believe their managers or colleagues lack the tools to engage in these conversations effectively.
Employers who ignore mental health miss out on a chance to reduce costs. Mental health issues like
depression and anxiety can make chronic health conditions harder to manage, leading to increased
healthcare expenses from more doctor visits, hospital stays, and medication use. Untreated mental
health conditions can worsen chronic diseases, and vice versa. For instance, diabetes can double or
triple the risk of depression, while those with depression are 60% more likely to develop diabetes.
Additionally, presenteeism, where employees show up to work but are not fully productive due to
mental distress, also increases costs.
Laws
The WHO’s Comprehensive Mental Health Action Plan (2013–2030) outlines principles, objectives, and
strategies to promote good mental health in the workplace. This includes addressing social factors
affecting mental health, such as living conditions and work environments; reducing stigma and
discrimination; and improving access to evidence-based care through health service development,
including occupational health services. In 2022, the WHO’s World Mental Health Report highlighted
the workplace as a critical area for transformative action on mental health.
India’s Mental Healthcare Act, 2017 (MHA) was enacted to provide a rights-based framework for
individuals with mental illness, in line with India’s obligations under the United Nations Convention on
the Rights of Persons with Disabilities (CRPD). While the MHA represents significant progress from the
Mental Health Act of 1987, numerous challenges related to mental health in the employment sector
remain unaddressed.
India is preparing to introduce new labor codes, expected to bring major reforms to the employment
sector. However, these new codes lack clear guidance on mental health in the workplace, focusing
primarily on physical safety and welfare. There are no specific provisions addressing mental health,
such as guidelines for managing workplace stress, mental health awareness programs, or protocols for
handling mental health issues. This absence redirects attention to existing directives, legislation, and
best practices from international bodies.
Challenges in Implementation of Mental Health Laws
1. Stigma Attached to Mental Health: The stigma surrounding mental illness makes it difficult for
individuals to seek help and for regulations to be enforced effectively. Mental health still
receives less attention compared to physical health. Efforts to reduce stigma and increase
awareness can help make mental health treatments more accessible.
2. Lack of Research Capacity: Addressing the gaps in mental health care is challenging due to
insufficient research facilities for implementation and policy reform. More research is needed
to determine effective ways to enforce mental health laws.
3. Shortage of Professionals and Services: A shortage of trained mental health professionals can
hinder the effective execution and enforcement of mental health legislation. This lack of
professionals can delay access to essential mental health services. The fragmented delivery of
services also complicates the implementation and enforcement of mental health laws.
Integrating mental health care into primary health services can help resolve this issue.
4. Resource Constraints: Implementing and enforcing mental health regulations can be especially
difficult in vulnerable areas facing challenges such as armed conflict or developmental barriers.
Resource constraints, including poor infrastructure and security issues, hinder these efforts.
Governments and international organizations must provide resources to support mental
health law implementation in such contexts.
5. Lack of Insurance: Obstacles to accessing mental health care, such as insufficient insurance
coverage, can impede the implementation and enforcement of mental health laws. Ensuring
adequate insurance coverage for mental health services is crucial to improving access to care.
Solutions
To ensure effective implementation, mental health policies should be developed as separate entities
but integrated into health, social, and educational policies and strategic action plans. Mental health
should also be included in national operational plans and essential health interventions. For example,
in Kenya, a project funded by the UK NGO Nuffield Trust allocated funds to train psychiatric nurses in
advocacy and planning skills to improve mental health care.
Mental health issues require collaboration across various sectors, including education, social welfare,
and the criminal justice system. Significant contributions from the health sector are essential to address
mental health challenges, including providing access to medicines and support. Many generic
medications are just as effective as newer, more expensive psychotropic drugs that may have better
side effects but do not lead to significantly improved health outcomes. Uganda has introduced a system
where health units receive a primary healthcare budget to purchase drugs and other supplies at least
six times a year.
Conclusion
India is set to implement new labor codes that promise significant changes to the employment sector.
However, these codes lack clarity regarding mental health in the workplace, as their primary focus
remains on physical safety and well-being. Specific guidelines for managing workplace stress, mental
health awareness programs, and protocols for addressing mental health concerns are missing from the
new codes. This situation redirects us to existing laws, global best practices, and guidelines from
international organizations. Furthermore, employers should include coverage for mental health
conditions in their insurance policies and consider hiring on-site counselors or mental health
professionals to assess employee needs, address concerns, promote mental health, and conduct
workshops. Given the increasing importance of mental health in the post-COVID era, employers must
be cautious about practices that could negatively impact their employees.
References
1. Ahlawat Associates. (2024). Mental health at the workplace. October 27, 2024.
2. Spring Health. (2024). Mental health laws and the workplace: What HR leaders need to
know. October 27, 2024.
3. TaxGuru. (2024). Silence legislations: Mental health & labours. October 27, 2024.
4. Bar and Bench. (2024). Employer’s duty to protect mental health of employees: What the
labour laws say. October 27, 2024.
5. Shankar, V. K., & Ananth, R. S. (2011). Mental health in the workplace. PMC. October 27,
2024.
6. Reddy, S. R. (2021). The role of policy and legislation in mental health. International Journal
of Social Psychiatry. October 27, 2024.
7. Drishti IAS. (2024). Mental health policies and laws. October 27, 2024.
8. Khanna, A. (2018). Challenges for the implementation of the Mental Health Care Act 2017.
The British Journal of Psychiatry. October 27, 2024.
9. Soni, A. (2020). Mind the gap: Addressing challenges in implementing the Mental Healthcare
Act 2017. AZB & Partners. October 27, 2024.
10. O’Connor, R. C., et al. (2021). Mental health and the workplace: A review. PMC. October
27, 2024.
11. World Health Organization. (2008). Mental health challenges and possible solutions. EMHJ.
October 27, 2024.
12. O’Reilly, M., et al. (2018). Mental health in the workplace: Factors associated with
employee mental health. BMC Psychiatry. October 27, 2024.
13. Reddy, S. R. (2019). Challenges for the implementation of the Mental Health Care Act 2017.
ResearchGate. October 27, 2024.
14. Enhesa. (2024). A look around the world at mental health in the workplace. October 27,
2024.
15. Cigna Global. (2024). Factors that impact employee mental health. October 27, 2024.
16. Our World in Data. (2024). Mental health. October 27, 2024.
17. HelpGuide. (2024). Mental health in the workplace. October 27, 2024
18.HelpGuide.org. (2024). Mental health in the workplace. HelpGuide.
19.Paychex. (2024). Workplace mental health effects. Paychex.
20.Workplace Mental Health. (2024). Workplace mental health. Center for Workplace Mental Health.
