Maternity benefits are in accordance with the Maternity Benefit Act,1961 in convention with the International Labor Organization. This act provides maternity benefits to the working mother or a pregnant female employeer in an organization by giving them maternity paid leaves. Denial of salary during her tenure of maternity leaves (in case she refuses to resume work) is a violation of the law according to the Maternity Benefit Act of 1961. Payment of salary during maternity leaves and resuming duties after childbirth are two separate things that must be abided by the organization as per the Act.

You must know how many types of leaves in India?

From India, Noida
Dear All
I am not an HR person not expert in labor law, simply a small entrepreneur and try to update myself in labor law and this site is very helpful to update myself. Now coming to the question on ML. I have seen few of member are very aggressively behaved like the questioner Ms. Rajput has done some crime. She is not aware about the law that's why she raised a question on this platform. One of member wrote that even after 75 years of independence still people are not aware about the law. Is it a crime not to know all the law? This platform begin ( it is my thought) with this purpose to aware the people about the law and we can share our question regarding labor law. Few of member given answer to the point. I appreciate all of those. My humble request is not to demoralize the questioner.
I have no motive to hurt anyone. Please forgive if anyone feel that my answer is hurting them.
Wish all f you Happy Makar Sankranti

From India, New Delhi
Dear Indu 182,

Thanks for your greetings on the occasion Makar Sankranti. I reciprocate the greetings.

It may be noted that this is a public forum and the queries raised on the forum are bound to come under public scrutiny. One should be prepared for such scrutiny.

Secondly, when a person enters into the fray of entrepreneurship, one is expected to keep oneself abreast with the labour laws. This is a basic requirement. The trouble with the current times is that raising unicorns has been romanticised a lot. Entrepreneurship does not just end with raising the funds and having an innovative idea. The business owner must abide by the labour laws too. They would not be doing a favour by doing so. It is their duty.

The US or the European countries have grown because of the strong implementation of the labour laws. Can one ever think that such a crazy idea of the denial of the payment to a woman employee occurring to an entrepreneur from the US or Europe?

You have written that "One of member wrote that even after 75 years of independence still, people are not aware of the law. Is it a crime not to know all the law? " The answer to your question is yes, it is crime not to know the law. Aristotle has mentioned the importance of the laws 2,500 years ago. Following is his famous quote:

At his best, man is the noblest of all animals; separated from law and justice he is the worst.

The trouble with India is that the violation of the labour laws is so rampant that it has desensitized us. We have learnt to live with the fact that the laws are meant to remain only on paper. The practical implementation of the laws, whether of the labour laws or any other laws, is a big joke. Notwithstanding this dichotomy, the average citizen is fed a dream of making India a superpower or a US$ 5 Tn economy. Nevertheless, hardly anyone understands that the exploitation of labour will make that dream a pipe dream!

Thanks,

Dinesh Divekar

From India, Bangalore

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