INDUSTRIAL LAW PRACTISE IN BD

Topics: Childbirth, Employment, Wage Pages: 7 (2205 words) Published: July 13, 2014
CHAPTER: IV
MATERNITY BENEFIT
45. Employment of women worker prohibited during certain
(1) No employer shall, knowingly employ a woman in his establishment during the 06 months before and after of her delivery. (2) No woman shall work in any establishment during the06 months immediately following the day of her delivery. (3) No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health, if - (a) he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks. (b) she has to the knowledge of the employer been delivered of a child within the preceding ten weeks : Provided that in case of tea plantation worker, woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit which she may be entitled to receive under existing this Act. 46. Right to, and liability for, payment of maternity benefit. (1) Every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of 06 months before and after of her delivery. preceding the expected day of her delivery and eight weeks immediately following the day of her delivery: Provided that a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six months immediately preceding the day of her delivery. (2) No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled. 47. Procedure regarding payment of maternity benefit: (1)

Any pregnant woman entitled to maternity benefit under this Act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within 06 months next following and may therein nominate a person for purposes of receiving payment of maternity benefit in case of her death. (2)Any woman who has not given such notice and has been delivered of a child, shall, within seven days, give similar notice to her employer that she has given birth to a child. (3)When a notice referred to in sub-section (1) or (2) is received, the employer shall permit the women to absent herself from work- a) from the day following the date of notice in the case mentioned in sub-section (1); (b) from the day of delivery in the case mentioned in sub­section (2) until eight weeks after the day of delivery. (4)An employer shall pay maternity benefit to a woman

entitled thereto in such one of the following ways as the woman desire, namely :
(a) for 06 months, within three working days pf the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined within 06 months of the date of the certificate, and for the remainder of the period for which she is entitled to maternity benefit under this Act within three working days of the production of proof that she has given birth to a child;

(b) for the said period upto and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or (c) for the whole of the said period, within three working days of the production of proof that she has given birth to a child: Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given...
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