MATERNITY BENEFIT (AMENDMENT) ACT 2017 (UPDATE)
Clarifications Issued By Ministry of
Labour
Ministry of Labour and Employment,
Government of India vide Gazette notification dated 31st
March 2017 has fixed 1st April 2017 as the date on which the
Maternity Benefit (Amendment) Act, 2017 shall come into force.
Government of India vide Gazette notification dated 31st
March 2017 has fixed 1st April 2017 as the date on which the
Maternity Benefit (Amendment) Act, 2017 shall come into force.
The Ministry of Labour and
Employment has also issued a corrigendum notification bearing No. S.O. 1049 (E)
dated 3rd April 2017 clarifying that Section 4(1) of the Amendment
Act which deals with crèche facility to be provided by establishments having 50 or more
employees, shall come into effect from 1st July 2017 and not Section 3(5) which deals with working from home!
Employment has also issued a corrigendum notification bearing No. S.O. 1049 (E)
dated 3rd April 2017 clarifying that Section 4(1) of the Amendment
Act which deals with crèche facility to be provided by establishments having 50 or more
employees, shall come into effect from 1st July 2017 and not Section 3(5) which deals with working from home!
Further, on 12th April 2017 the
Ministry of Labour in consultation with Chief Labour Commissioner (Central) has
examined various queries raised by stakeholders on the applicability and other
aspects of the Amendment Act and issued clarification to those queries. This has
provided much needed clarity on the queries being raised by various
establishments and women employees in relation to the Amendment Act.
Ministry of Labour in consultation with Chief Labour Commissioner (Central) has
examined various queries raised by stakeholders on the applicability and other
aspects of the Amendment Act and issued clarification to those queries. This has
provided much needed clarity on the queries being raised by various
establishments and women employees in relation to the Amendment Act.
As mentioned in the clarifications issued by the
Ministry of Labour and in the decision of the Supreme Court of India in Municipal Corporation of Delhi Vs
Female Workers (Muster Roll) & Anr, AIR 2000 SC 1274, the benefits provided under the MB
Act will be applicable to all women employees, whether engaged as casual
employees or on muster rolls or daily wages.
Ministry of Labour and in the decision of the Supreme Court of India in Municipal Corporation of Delhi Vs
Female Workers (Muster Roll) & Anr, AIR 2000 SC 1274, the benefits provided under the MB
Act will be applicable to all women employees, whether engaged as casual
employees or on muster rolls or daily wages.
One
of the important clarifications provided by the Ministry is that the benefits
given under the Amendment Act are applicable to women who are on the maternity
leave at the time of coming into effect of the Amendment Act.
of the important clarifications provided by the Ministry is that the benefits
given under the Amendment Act are applicable to women who are on the maternity
leave at the time of coming into effect of the Amendment Act.
Example
A: Lady
has taken maternity leave which continues beyond 1st April 2017.
Based on the clarification provided, she will be entitled to avail the benefits
under the Amendment Act and get extended leave of 26 weeks.
A: Lady
has taken maternity leave which continues beyond 1st April 2017.
Based on the clarification provided, she will be entitled to avail the benefits
under the Amendment Act and get extended leave of 26 weeks.
Example B: Lady
has taken maternity leave which gets completed on 31st March 2017.
She will not be entitled to the benefits of the Amendment Act.
has taken maternity leave which gets completed on 31st March 2017.
She will not be entitled to the benefits of the Amendment Act.
Clarifications
issued by Ministry of Labour
issued by Ministry of Labour
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Queries
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CLARIFICATION
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1.
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Whether the MB Amendment Act will
apply to contractual and consultant women employees? |
Yes. Since there is no amendment to
Section 2 of the Maternity Benefit Act, 1961 (MB Act), the extant provision will prevail.
The MB Act is applicable to all women
who are employed in any capacity directly or through any agency, i.e., either on contract or as a consultant. |
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2.
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Whether the enhanced maternity benefit
under the MB Amendment Act will apply to women who are presently on maternity leave as on 1 April 2017 (i.e., at the time of enforcement of the MB Amendment Act)? |
Yes.
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3.
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Whether the enhanced maternity benefit
under the MB Amendment Act will apply to women who have already completed their maternity leave and joined the organisation on or before 31 March 2017? |
No. Women employees who have already
completed their maternity leave of 12 weeks under the MB Act and joined the organisation on or before 31 March 2017 shall not be entitled to avail the extended maternity benefit of 26 weeks. |
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4.
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What protections are available to
women in case she is fired by the employer after learning about her pregnancy? |
Under Section 12 of the MB Act, any
dismissal or discharge of a woman during pregnancy is unlawful and punishable under Section 21 of the MB Act. |
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5.
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Whether benefits under MB Amendment
Act can be extended to the women employed in unorganised sector? |
Yes. The MB Act is applicable to all
mines, plantations, shops and establishments, factories, etc. in the organised sector as well as the unorganised sector. Also, as clarified in query 1 above, the MB Act is applicable to all women who are employed in any capacity directly or through any agency, i.e., either on contract or as a consultant. |