INDIAN ACADEMY OF LAW AND MANAGEMENT

CERTIFIED LABOUR LAWS &

EMPLOYMENT COMPLIANCE
PRACTITIONER

MODULE 3
IALM

Labour Laws constitute an essential component of Labour Policy in India aimed at

imparting certain basic rights to workers as enshrined in our constitution. This Online
Course will make you familiar with the important labour laws applicable to industries
in India. This Course is useful for Law Students, Lawyers, HR managers and
managers or anyone wants to do business in India.

MODULE 3
LAWS RELATED TO WOMEN

MATERNITY BENEFIT ACT, 1961

OBJECT

The object of Maternity Benefit Act is to protect the dignity of motherhood by providing for
the full and healthy maintenance of women and her child when she is not working.

The Maternity Benefit Act provides uniform maternity benefit to all the women employees
in the country. The act is applicable to the Industries which are not covered by The
Employee State Insurance Act.

APPLICABILITY

The act is applicable to:

Every factory, mine or plantation (including those belonging to Government) and
To every shop or establishment wherein 10 or more persons are employed or were
employed on any day of the preceding 12 months.

The State Government may extend the Act to any other establishment or class or
establishments; industrial, commercial, agricultural or otherwise.

The Act does not apply to any such factory/other establishment to which the provisions of
the Employees State Insurance Act are applicable for the time being.

But, where the factory/establishment is governed under the Employees State Insurance Act,
and the woman employee is not qualified to claim maternity benefit under section 50 of that
Act or for any other reason, then such woman employee is entitled to claim maternity

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benefit under this Act till she becomes qualified to claim maternity benefit under the E.S.I.
Act.

The Maternity Benefit Act is applicable to establishments irrespective of the number of

female employees. Even if there is only one female employee the act will be applicable.

IMPORTANT DEFINITIONS
Woman means a woman employed, whether directly or through any agency, for wages in
any establishment.
Child includes a still-born child
Delivery means the birth of a child
Miscarriage means expulsion of the contents of a pregnant uterus at any period prior to or
during the twenty-sixth week of pregnancy but does not include any miscarriage the causing
of which is punishable under the Indian Penal Code (45 of 1860)
Wages means all remuneration paid or payable in cash to a woman, if the terms of the
contract of employment, express or implied, were fulfilled and includes
(1) such cash allowances (including dearness allowance and house rent
(2) incentive bonus; and
(3) the money value of the concessional supply of food grains and other articles
but does not include
i.

any bonus other than incentive bonus

ii.

overtime earnings and any deduction or payment made on account of fines

iii.

any contribution paid or payable by the employer to any pension fund or

provident

fund or for the benefit of the woman under any law for the time being in force;
iv.

any gratuity payable on termination of service;

RESTRICTIONS ON WORK FOR PREGNANT WOMEN (SECTION 4)

No employers will employee women for the specified period:

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a)

to work in an establishment during the six weeks immediately following the day of
her delivery, miscarriage or medical termination of pregnancy.

b)

to perform work arduous in nature which can affect the health of a pregnant women
and foetus.

The specified period means:

i)

the month preceding the period of six weeks before the expected date of delivery

ii)

Any time during the six weeks prior to the expected date of delivery for which the
employee does not avail of maternity leave.

ELIGIBILITY FOR MATERNITY BENEFIT

Every woman is entitled and every employer is liable to pay maternity benefit at the rate of
the average daily wage for the period of her actual absence.

The qualifying period of service for the entitlement of maternity benefit under the Act is 80
days of actual work in the preceding twelve months.

The amount of maternity benefit for the period preceding the date of her expected delivery
shall be paid in advance to the woman on production of proof that the woman is pregnant
and the amount due for the subsequent period shall be paid to the woman within 48 hours of
production of proof that the woman has been delivered of a child

PERIOD FOR WHICH A WOMAN IS ENTITLED TO MATERNITY BENEFIT

The maximum period for which any woman shall be entitled to maternity benefit shall be 12
weeks of which not more than 6 weeks shall precede the date of her expected delivery.

If a woman dies during this period, the maternity benefit shall be payable only for the days
up to and including the day of her death.

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If a woman, delivered a child and dies during her delivery or during the period immediately
following the date of her delivery for which she is entitled for the maternity benefit, leaving
behind in either case the child, the employer shall be liable to the maternity benefit for the
entire period but if the child also dies during the said period, then, for the days up to and
including the date of the death of the child.

In case the woman dies before receiving the benefit, the amount must be paid to her
nominee or legal representative.

Every women entitled to maternity benefit under this act shall also be entitled to medical
bonus from her employer if no prenatal confinement and postnatal care is provided by the
employer free of charge.

NOTICE OF CLAIM FOR MATERNITY BENEFIT (SECTION 6)

A pregnant woman is required to give her employer a notice in writing, stating that the
maternity benefit that she is entitled to should be given to her or any person nominated by
her. Also that she will not be working during the period in which she receives the benefit.

This notice shall state the date from which she will be absent from work, provided that date
is not earlier than six weeks from the date of her expected delivery. This notice can also be
given soon after the delivery. The companies may allow the woman to take her leave as late
as possible so that she may have more time to nurse the baby later on.

On receiving the notice, the employer is bound to permit the woman to absent herself from
work until the expiry of six weeks after the delivery.

In case a woman fails to give notice, this does not disentitle her from claiming maternity
benefit. The employer is still liable to pay her the amount due to her.

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If a woman works in any other establishment after she has been permitted by her employer
to absent herself for the maternity, she shall forfeit her claim to the maternity benefit for the
period she works for other employer.

LEAVE FOR MISCARRIAGE AND OTHER ISSUES

In the event of a miscarriage or medical termination of pregnancy, the woman is entitled to

receive leave with wages at the rate of the maternity benefit, for a period of six weeks
immediately following the date of the miscarriage or as the case may be. For availing this
benefit production relevant proof is required that she has suffered miscarriage or medical
termination of pregnancy.

LEAVE FOR TUBECTOMY

In case of tubectomy the woman is entitled to receive leave with wages at the rate of the
maternity benefit, for a period of two weeks immediately following the date of her
tubectomy operation. For availing this benefit production relevant proof will be required.

LEAVE

FOR

ILLNESS

ARISING

OUT

OF

PREGNANCY,

DELIVERY,

PREMATURE BIRTH OF CHILD

Women who are ill on account of pregnancy, delivery, or premature birth of a child or
miscarriage are entitled to have leave with wages at the rate of maternity benefit for
maximum period of one month. However, production of proof of their illness is required.

NURSING BREAKS

Every woman who returns to duty after delivery of child is entitled to two daily breaks of 15
minutes in addition to intervals of rest allowed to her until the child attains the age of 15
months.

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DISMISSAL DURING ABSENCE ON ACCOUNT OF PREGNANCY

When a woman absents herself from work on account of illness during pregnancy, she may
not be discharged or dismissed by her employer or issued notice for dismissal. Also it is
unlawful for the employer to alter any of the conditions of her service to her disadvantage.

If she is discharged or dismissed from service, she should still be entitled to receiving
maternity benefit or medical bonus. She cannot be deprived of these.

The woman can be dismissed only if she is guilty of gross misconduct. In this case, the
employer is well within his rights to deprive her of the maternity benefit or medical bonus.

A woman who has been deprived of maternity benefit or medical bonus may, within sixty
days from the date on which the order was communicated to her, appeal to the relevant
authority. This authority has the final say on whether the woman should or should not be
deprived of these benefits.

OTHER OBLIGATIONS OF THE EMPLOYER UNDER THE ACT

Under the Act the employer is required:

a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a
conspicuous place in every part of the establishment in which women are employed
{Section 19 & Rule 5};
b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual
returns in the four prescribed forms. {Rule 16}

PUNISHMENT FOR THE CONTRAVENTION OF THE PROVISIONS OF THE

ACT

a) If any employer fails to pay any amount of maternity benefit to a woman entitled
under the Act or discharges or dismisses such woman during or on account of her

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absence from work in accordance with the provisions of the Act, he shall be
punishable with imprisonment which shall not be less than three months but which
may extend to one year and with fine which shall not be less than two thousand
rupees but which may extend to five thousand rupees. The Court may, however, for
sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a
lesser term or fine only in lieu of imprisonment.

b) If any employer contravenes the provisions of the Act or the rules made thereunder,
he shall, if no other penalty is elsewhere provided by or under the Act for such
contravention, be punishable with imprisonment which may extend to one year, or
with fine which may extend to five thousand rupees, or with both.

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 hereto {Section 21}.

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II

THE

SEXUAL

HARASSMENT

OF

WOMEN

AT

WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

Strength of women is increasing in both in organises and unorganised sector so it has

become absolutely necessary for government to provide them a safe and ensuring
environment. This act protects every woman from any act of sexual harassment irrespective
of whether such woman is employed or not.

OBJECT

The Sexual Harassment Act is enacted provide women protection against sexual harassment
at the workplace and for the prevention and redressal of complaints of sexual harassment.
Sexual harassment is a violation of the fundamental right of a woman to equality as
guaranteed under Articles 14 and 15 of the Constitution of India and her right to life and to
live with dignity as per Article 21 of the Constitution.

APPLICABILITY

Every employer with a business or enterprise having more than 10 workers have to
constitute a committee known as Internal Complaints Committee (ICC) to look into all
complaints of sexual harassment at the workplace. In every district, a public official called
the District Officer will constitute a committee known as the Local Complaints
Committee (LCC) to receive complaints against establishments where there is no Internal
Complaints Committee or there being a complaint against the employer himself. This
committee would handle all complaints of sexual harassment in the domestic sector as well
as those coming from the unorganised sector.

PREVENTION OF SEXUAL HARASSMENT

Section 3 of the Act provides that: No woman shall be subjected to sexual harassment at any
workplace.

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The following circumstances, among other circumstances, if it occurs or is present in

relation to or connected with any act or behaviour of sexual harassment may amount to
sexual harassment-

i.

implied or explicit promise of preferential treatment in her employment; or

ii.

implied or explicit threat of detrimental treatment in her employment; or

iii.

implied or explicit threat about her present or future employment status; or

iv.

interference with her work or creating an intimidating or offensive or hostile work

environment for her; or

v.

humiliating treatment likely to affect her health or safety.

COMPLAINTS COMMITTEE & COMPLAINT PROCEDURE

1.

INTERNAL COMPLAINTS COMMITTEE (ICC) - The Act makes it mandatory

for every employer to constitute an internal complaints committee ("ICC") which entertains
the complaints made by any aggrieved women. The members of the ICC are to be
nominated by the employer and ICC should consist of:-

i.

A Presiding Officer ,

ii.

not less than two members from amongst employees preferably committed to the
cause or women or who have had experience in social work or have legal knowledge
and

iii.

one member from amongst non-governmental organizations or associations

committed to the cause of women or a person familiar with the issues relating to
sexual harassment.

In order to ensure participation of women employees in the ICC proceedings, the Act
requires that at least one-half of the members of ICC nominated by employer are women.

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The following are the guidelines for forming the committee at each Branch offices:

i.

Minimum 4 member committee

ii.

Chairperson of the Committee should be a female employee

iii.

Majority of the committee members should be female

iv.

One non company person should be appointed as an external Member of the

committee.

Desirable qualification for the external member:

a) A person who is familiar with issues relating to Sexual Harassment- Can be a social
worker with atleast 5 years of experience in field of social work which primarily
focuses on women empowerment in the society. OR
b) A person who is familiar with Labor Law / service Law / Civil Law who is familiar
with issues relating to Sexual Harassment.

2.

LOCAL COMPLAINTS COMMITTEE - Every District Officer shall constitute

in the district concerned, a committee to be known as the "Local Complaints Committee" to

receive complaints of sexual harassment from establishments where the Internal Complaints
Committee has not been constituted due to having less than ten workers or if the complaint
is against the employer himself.

Employer is required to constitute an Internal Complaints Committee at each office or

branch with 10 or more employees. The District Officer is required to constitute a Local
Complaints Committee at each district, and if required at the block level.

COMPLAINT OF SEXUAL HARASSMENT

Any aggrieved woman may make, in writing, a complaint of sexual harassment at work
place to the Internal Committee if so constituted, or the Local Committee, in case it is not so

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constituted, within a period of three months from the date of incident and in case of a series
of incidents, within a period of three months from the date of last incident:

If complaint cannot be made in writing, the Presiding Officer or any Member of the Internal
Committee or the Chairperson or any Member of the Local Committee, as the case may be,
shall render all reasonable assistance to the woman for making the complaint in writing.

Where the aggrieved woman is unable to make a complaint on account of her physical or
mental incapacity or death or otherwise, her legal heir or such other person as may be
prescribed may make a complaint under this section.

CONCILIATION

The Internal Committee or, the Local Committee, may, before initiating an inquiry and at
the request of the aggrieved woman take steps to settle the matter between her and the
respondent through conciliation. No monetary settlement shall be made as a basis of
conciliation.

INQUIRY INTO COMPLAINT

Internal Committee or the Local Committee, as the case may where the respondent is an
employee, proceed to make inquiry into the complaint in accordance with the provisions of
the service rules applicable and where no such rules exist, in such manner as may be
prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case
exist, forward the complaint to the police, within a period of seven days for registering the
case under section 509 of the Indian Penal Code, and any other relevant provisions of the
said Code where applicable.

When both the parties are employees, the parties shall, during the course of inquiry, be
given an opportunity of being heard and a copy of the findings shall be made available to
both the parties enabling them to make representation against the findings before the
Committee.

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For the purpose of making an inquiry, the Internal Committee or the Local Committee, as
the case may be, shall have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:-

a) summoning and enforcing the attendance of any person and examining him on oath;
b) requiring the discovery and production of documents; and
c) any other matter which may be prescribed.

The inquiry shall be completed within a period of ninety (90) days.

ACTION DURING PENDENCY OF INQUIRY

During the pendency of an inquiry, on a written request made by the aggrieved woman, the
Internal Committee or the Local Committee, as the case may be, may recommend to the
employer to :-

a) transfer the aggrieved woman or the respondent to any other workplace; or

b) grant leave to the aggrieved woman up to a period of three months; or
c) grant such other relief to the aggrieved woman as may be prescribed.

The leave granted to the aggrieved woman under this section shall be in addition to the leave
she would be otherwise entitled.

ACTIONS AFTER INQUIRY

If the respondent is not found guilty, the inquiry will end. However if he is proved guilty,
then the employer must:

Take action for sexual harassment as a misconduct in accordance with the provisions
of the service rule applicable to the respondent;

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Deduct from the salary or wages of the respondent such sum to be paid to the
aggrieved woman or to her legal heirs;

In case the employer is unable to make such deductions from the salary of the
respondent due to his being absent or cessation of employment, the ICC
or the LCC may direct to the respondent to pay such sums to the aggrieved woman;

In case the respondent fails to pay the sum, the ICC or the LCC may forward the
order for recovery of the sum as an arrear of land revenue to the concerned District
officer.

DETERMINATION OF COMPENSATION

For the purpose of determining the sums to be paid to the aggrieved woman, the Internal
Committee or the Local Committee, as the case may be, shall have regard to:

a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved
woman;
b) the loss in the career opportunity due to the incident of sexual harassment;
c) medical expenses incurred by the victim for physical or psychiatric treatment;
d) the income and financial status of the respondent;
e) feasibility of such payment in lump sum or in instalments.

FALSE AND MALICIOUS COMPLAINTS

In case of false or malicious complaint by complainant ICC or LCC may levy penalty on
complainant. But mere inability to prove a complaint will not attract action under this
provision.

DUTIES OF EMPLOYER
Every employer shall

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Provide a safe working environment at the workplace which shall include safety
from the persons coming into contact at the workplace;

display at any conspicuous place in the workplace, the penal consequences of sexual
harassments; and the order constituting, the Internal Committee;

organise workshops and awareness programmes at regular intervals for sensitising

the employees with the provisions of the Act and orientation programmes for the
members of the Internal Committee in the manner as may be prescribed;

provide necessary facilities to the Internal Committee or the Local Committee, as the
case may be, for dealing with the complaint and conducting an inquiry;

assist in securing the attendance of respondent and witnesses before the Internal
Committee or the Local Committee, as the case may be;

make available such information to the Internal Committee or the Local Committee,
as the case may be, as it may require having regard to the complaint made under the
provisions of the act;

provide assistance to the woman if she so chooses to file a complaint in relation to

the offence under the Indian Penal Code or any other law;

cause to initiate action, under the Indian Penal Code or any other law, against the
perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an
employee, in the workplace at which the incident of sexual harassment took place;

treat sexual harassment as a misconduct under the service rules and initiate action for
such misconduct;

monitor the timely submission of reports by the Internal Committee.

COMMITTEE TO SUBMIT ANNUAL REPORT

The Internal Committee or the Local Committee, as the case may be, shall in each calendar
year prepare, an annual report and submit the same to the employer and the District Officer
and District officer will submit it to the State government.

The employer shall include in its report the number of cases filed, if any, and their disposal
under this Act in the annual report of his organisation or where no such report is required to
be prepared, intimate such number of cases, if any, to the District Officer.

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PUNISHMENT

Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs.
50,000. Repeated violations may lead to higher penalties and cancellation of licence or
registration to conduct business.

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