The Maternity Benefit Act: An Overview

The Maternity Benefit Act of 1961 must be complied with by factories, mines, and plantations. The Act applies to all businesses that have more than 10 employees working each day throughout the previous 12 months. Additionally, it applies to every shop and other establishment in the concerned Indian state. Additionally, this Act applies to specific facilities and businesses. It must be followed in order to maintain the goodwill of the workforce.

Every organization must abide by this Act, and the workers must receive a number of benefits. The outcome is that the employees get the best care and their health is maintained. The health of employees is essential since it promotes the growth of the company.

The following are the major conditions required to fulfill in order to claim maternity benefits −

• The employee (women) must have worked for the establishment for at least 80 odd days in the previous 12 months in order to be eligible to receive benefits under this Act.

• The Act also protects women who miscarry, in addition to public hospitals, nursing homes, schools, and other businesses.

• A woman is entitled to a maximum of six weeks of paid leave if her pregnancy ends in miscarriage or she has an abortion. If she delivers the baby earlier than expected, the earnings will be paid 48 hours after the birth certificate is shown.

• Women were granted 12 weeks of maternity leave under the terms of the Maternity Benefit Act of 1961. The Maternity Benefit (Amendment) Act of 2017 has raised the leave term from 12 to 26 weeks, nevertheless.

• The 26−week maternity leave period can be divided into up to 8 weeks of leave before the expected delivery date and the remaining leave following childbirth

• Up to two children may be granted the 26−week maximum maternity leave duration. The 12−week leave period applies to mothers who have more than two children. According to the act, a woman is not obligated to work for six weeks after a miscarriage, unless the miscarriage was caused by a medical termination of the pregnancy. Surrogate moms and mothers who have adopted a child under three months old are also eligible for 12 weeks of leave.

Section 3 Definitions

Section 4 Employment of, or work by, women is prohibited during certain periods.

Section 5 Right to payment of maternity benefit.

Section 7 Payment of maternity benefit in case of death of a woman.

Section 8 Payment of medical bonus.

Section 13 No deduction of wages in certain cases.

Section 18 Forfeiture of maternity benefits.

Section 21 Penalty for contravention of Act by the employer.

All about Overtime Payment Rules in India

Factory: Factories Act, 1948

• Weekly Limit - Maximum 48 hours a day.

• Daily limit - Maximum 9 hours a day.

• Interval - No work for more than 5 hours without an interval. 

• Spread over - Working hours including interval periods not more than 10.5 hours.

• Overtime limit - Daily work time inclusive of overtime shall not exceed 10 hours which is 60 hours on a weekly basis. Overtime hours cannot exceed 50 hours in a quarter (3-month period).

As per Section 59 of the Factories Act, 1948, a person is entitled to be paid overtime wages twice his ordinary rate of wages in case he/ she is required to work for more than 9 hours a day or more than 48 hours in a week. The wages mentioned here are equivalent to the basic wages along with allowances but do not include any bonus or other overtime wages. In case a worker is paid on a ‘piece rate’ basis, the time rate will be calculated on the basis of the previous month and the amount of overtime wages will be calculated accordingly. 

Shop/ Establishment: Shops and Establishments Act of States/ UTs

• Daily working hours may range from 8-10 hours

• Weekly working hours cannot exceed 48 hours

• Overtime may range from 10-11 hours on a daily basis (1 to 3 hours)

• No continuous (break-free) work for more than 5 hours in one go

• Weekly limit of 50-60 hours

• Quarterly limit of 50-150 hours

• Spread over a limit of 10-14 hours

Depending upon the rate fixed by states or union territories, employees are paid for overtime hours apart from fixed working hours in the shops or establishments. In some states, the overtime amount is twice the usual working hours. Here again, the employee overtime rate is calculated for basic + allowances (not including any bonus).

 Mines Act, 1952

• Daily Working Hours - 9 hours a day above ground/ 8 hours a day under the ground

• Weekly hours - Maximum 48 hours a week

• Overtime - If a person works for more than a fixed time (above or below the ground), he/ she is entitled to overtime wages twice the ordinary rate

• The payment will be equivalent in case of employee works on a piece rate

• There is a work hour limit of a maximum of 10 hours a day inclusive of overtime

As per the overtime payment rules in India, it is calculated on basic salary. It may also include dearness or any other allowance. But it may be noted that labor law on overtime in India excludes any bonus or other such incentive while deciding or calculating overtime payment rules. In any case, the overtime payment rules do not regard the gross salary. But if there is no statutory obligation and the employer wishes to reward the hard-working employees voluntarily, overtime payment rules in India do not restrict the same. In such a case, whether overtime is paid on basic or gross in India is the employer’s choice.

When can an employee be suspended pending Enquiry? Should it be paid or unpaid?

Suspension is not a punishment; rather, it is a decision of an administrative nature. Its sole intent is to prevent the offender from working in the office, and the employer alone has the authority to reverse the suspension order.

If the charge is significant or grave, the employee may also receive a suspension order in addition to the charge sheet. According to the Industrial Employment (Standing Order) Act of 1946, if the delay in the conclusion of disciplinary proceedings is not the result of the worker's conduct, the suspended worker is to be paid a subsistence allowance equal to one-half of his wages for the first ninety days of suspension and three-fourths of wages for the remaining period of suspension.

What is grave will depend on the discretion of the management. It has to be decided in accordance with the Code Of Discipline.

During the suspension, the relationship between master and servant continues between the employer and the employee. However, the employee is forbidden to perform his official duties. Thus, a suspension order does not put an end to the service. Suspension means the action of debarring for the time being from a function or privilege or temporary deprivation of working in the office. In certain cases, the suspension may cause stigma even after exoneration in the departmental proceedings or acquittal by the Criminal Court, but it cannot be treated as a punishment even by any stretch of the imagination in the strict legal sense.

Draft Work From Home Policy in India as per legal norms

 

Work-from-home policies are those that allow employees to conduct their business from their home or place of residence rather than an office.

A work-from-home policy is an arrangement between an employer and an employee that enables the employee to conduct business from the convenience of their home.

Although working from home can be difficult, it can be made easier with clear communication and policies that are made specifically for the jobs in question.

When establishing a work-from-home policy, the human resources department should be aware of the objectives and procedures of the employer. To ensure that the arrangement of working from home serves both the employee and the employer, the policy should be carefully written with specifics kept in mind.

An employee's ability to work from home is a big perk provided by their employer. Such privileges, however, need to be reserved for workers who merit them.

Additionally, not every job fits the structure of the work-from-home arrangement. a few jobs that call for on-site participation. Ensure that there are explicit rules stating who is eligible to get the work-from-home benefit and who is not.

Here are a few considerations you can make when choosing employees who will work remotely. Obtain input regarding the worker's dependability

Additionally, the worker ought to have a strong work ethic. Make sure to keep your biases separate. Recognize whether the worker has the resources to manage to work from home. Recognize whether their work history fits the position.

Make sure staff members understand the process for requesting the ability to work from home. They must be familiar with the application procedure. In addition, develop a rigorous procedure for any future authorizations needed by the employee to address issues in a priority manner.

The employee's comprehension of the application process for the right to work from home should also be proved. You should specify the approval procedure for that.

Maternity Leave Policy in India

 

Although a woman and her unborn child bond during the sacred period of pregnancy, this goes much beyond that. Every new mother wants to treasure the experience of going from being pregnant to becoming a mother.

But what about soon-to-be mothers who are looking forward to starting their motherhood journey and are employed? Our Indian culture is deeply established with regard to the assistance that Indian moms receive both before and after they have a child. Thus, it becomes reasonable to place the same emphasis on parenting at work. Only the Maternity Benefit Act, approved by the Indian government, makes it possible for expecting women to prioritize their families and take time off from work in the form of maternity leave.

Working women can make use of maternity leave, which is time off from work that is sanctioned before and/or after childbirth. The laws governing maternity leave in India are outlined in the Maternity Benefit Act of 1961. Women who meet the requirements for maternity leave and who work for accredited organizations or factories may apply for up to six months of leave under this Maternity Act. Maternity leaves can be taken by female employees before or after childbirth. Their maternity leave may extend into the time before and following delivery. The woman's employer is required to pay her the total amount of her wages during this absence.

Employers may offer additional maternity leave to their female employees in addition to India's statutory maternity leave laws. To secure and defend the interests of their female employees, the Maternity Benefit Act has undergone numerous updates. This Act, which was most recently revised in 2017, covers remote or hybrid employment types in addition to giving new moms more paid time off.

The Maternity Benefit Act in India assists mothers both before and after childbirth. It ensures and defends their livelihood and interests, enables them to care for their infants while taking care of themselves, and

The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery. If she fulfills this requirement, then she can utilize this mandated maternity leave and any further leave or benefits that her employer provides her. 

All women who are pregnant, adopting a child, or experiencing a miscarriage are eligible for maternity leave in India, as they fulfill the criteria that determine the categories of motherhood in India. Commissioning, or surrogate mothers, are also entitled to up to 26 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents. 

• Pregnant women 

• Women adopting a child 

• Women who experience a miscarriage 

• Surrogate or commissioning mothers