MATERNITY BENEFIT ACT-1961

INTRODUCTION

This act was passed to regulate the employment of women in certain establishments for certain periods before and after child birth and to provide for maternity benefits and certain other benefits. It extends to the whole of the India.

APPLICABILITY OF THE ACT

The Act applies to:

Every factory, mine or plantation (including those belonging to Government). An establishment engaged in the exhibition of equestrian, acrobatic and other

performances, irrespective of the number of employees. Every shop or establishment wherein 10 or more persons are employed or were employed

on any day of the preceding 12 months.

ELIGIBILITY & CONDITIONS FOR CLAIMING BENEFIT

The Act lays down that any women employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such request should be made at least 10 weeks before the date of her expected delivery. At that time she needs to produce a certificate confirming her pregnancy.

Also she needs to give a written notice to the employer about 7 weeks before the date of her delivery regarding her absence period pre and post delivery.

THE TIME LIMIT OF THE BENEFIT

The act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefit. She can avail this benefit as 6 weeks up to and including the day of her delivery and 6 weeks immediately following the day of her delivery.

CASH BENEFITS

Leave with average pay for 6 weeks before and 6 weeks after the delivery. Medical bonus of at least Rs. 1000 extending to Rs. 20000 if the employer is unable to

provide free medical care to the women employee. Additional leave with pay for up to 1 month on production of proof, revealing illness due to

pregnancy, delivery, miscarriage, or premature birth. In case of miscarriage, 6 weeks leave with average pay from the date of miscarriage.

NON CASH BENEFITS/PRIVILEGE

Light work for 10 weeks before the date of expected pregnancy if she asks for it. Two nursing breaks in the course of her daily work until the child attain age of 15 months. In case of tubectomy operation leave with wages for 2 weeks. No discharge or dismissal while being on maternity leave. No change to her disadvantage in any of the conditions of her employment while on maternity leave. Pregnant woman discharged or dismissed may still claim maternity benefit from the employer.

PENALTIES FOR CONTRAVENTION OF ACT BY EMPLOYER

For failure to pay maternity benefit as provided for under the Act, the penalty is imprisonment up to one year and fine up to Rs 5000. The minimum being 3 months and Rs 2000 respectively.

Disentitle the woman to the benefit of the Act.

EMPLOYEES' STATE INSURANCE ACT, 1948 (ESI ACT)

INTRODUCTION

The Employees' State Insurance Act, 1948 (ESI Act) provides for health care and cash benefit payments in the case of sickness, maternity and employment injury.

Under the Act, cash benefits are administered by the Central Government through the Employees State Insurance Corporation (ESIC), whereas the State Governments and Union Territory Administrations are administering medical care.

The ESI Act, which has replaced the Workmen's Compensation act.

APPLICABILITY OF THE ACT

The Act applies to,

All non-seasonal factories run with power and employing 10 or more persons. Those factories which run without power and employing 20 or more persons.

OBJECTIVE OF THE ACT

The Employees Slate Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories.

EMPLOYEES' STATE INSURANCE CORPORATION (ESIC)

The Employees' State Insurance Corporation (ESIC) is the premier social security organization in the country.

It is the highest policy making and decision taking authority under the ESI Act and oversees the functioning of the ESI Scheme under the Act.

The corporation comprises members representing Central and State Governments, employers, employees, Parliament and the medical profession.

Union Minister of Labour functions as the Chairman of the Corporation. A Standing Committee constituted from among the members of the Corporation acts as the

Executive Body for the administration of the Scheme.

THE ESI SCHEME IS MAINLY FINANCED BY,

Contributions raised from employees covered under the scheme. Their employers, as a fixed percentage of wages.

WORKMEN’S COMPENSATION ACT 1923

THE OBJECTIVE OF THE ACT

The workmen's compensation act is the one of the important social security legislations. It aims to provide financial protection to workmen and their dependents in case of accident, injury by means of payment of compensation by the employer.

APPLICABILITY OF THE ACT

The Act applies to,

All non-seasonal factories run with power and employing 10 or more persons. Those factories which run without power and employing 20 or more persons. The act does not apply to members of armed forces of the union & workmen who are

covered by the ESI act-1948

THE EMPLOYER’S LIABILITIES FOR COMPENSATION

An employer is liable to pay compensation to workmen for, Personal injury or death by accident in the course of his employment. Occupational diseases -Workers employed in certain occupations are exposed to certain

diseases which are inherited in those occupation.

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