Page 205 - DCOM207_LABOUR_LAWS

Labour Laws

Notes l z No deduction from the normal and usual daily wages of a woman entitled to maternity
benefit shall be made by reason only of - (i) the nature of work assigned to her by virtue
of the provisions of the Act; or (ii) breaks for nursing the child allowed to her under the
provisions of the Act.
l z If a woman works in any establishment after she has been permitted by her employer to
absent herself for any period, during such authorised absence, she shall forfeit her claim to
the maternity benefit for such period.
l z If any employer contravenes the provisions of this Act or the rules made thereunder,
he/she shall be punishable with imprisonment or with fine or with both; and where the
contravention is of any provision regarding maternity benefit or regarding payment of any
other amount and such maternity benefit or amount has not already been recovered, the
court shall, in addition recover such maternity benefit or amount as if it were a fine and pay
the same to the person entitled thereto.



Caselet Maternity Benefits in India
s. AB was employed in a company for the past 22 months and wishes to avail
maternity benefits under the Maternity Benefit Act. She was receiving an annual
Msalary of ` 375,000, paid in monthly instalments of ` 31,250.
In addition to the non-cash benefits listed above, she is entitled to cash benefits under the
Act that include:
1. Advance payment of six weeks leave before delivery – ` 46,875
2. Advance payment of six weeks leave after delivery – ` 46,875 (after submitting proof
of birth)
3. Medical bonus – ` 1,000
4. Additional leave with pay up to one month – ` 31,250
The total cash benefits that Ms. AB is entitled to amount to ` 213,500.

Furthermore, Ms. AB may not be dismissed while she is on maternity leave, and may also
not be charged any penalty for not performing her work duties while on maternity leave.
She is also entitled to be given light work up to 10 weeks prior to the delivery of the child,
and two 15-minute nursing breaks per day until the child is 15 months old.

Source: http://www.india-briefing.com/news/maternity-benefits-india-5765.html/
Self Assessment

State whether the following statements are true or false:
1. The Convention of “Protection of Motherhood” adopted in 1920 was the earliest among the
ILO Conventions.
2. As the Government of India was slow to act on these recommendations, the provincial
governments took the lead.
3. The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour is responsible
for enforcing this Act.

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