Maternity Act Confusion: Are Contract Women Workers Eligible for Benefits?

Dear all,

I am Vijai, a student from Pondicherry University. If a company is employing 3 permanent women workers who are earning more than 10,000 INR, and 24 contract labor women working as housekeepers, sweepers, etc., under this circumstance, is the Maternity Act applicable to the company or not? Could you please clarify my doubt?

Thank you.

Dear Vijai,

The Maternity Benefit Act of 1961 does not make any distinction based on the grade, salary, or nature of the job. According to Section 3(o), "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

The eligibility criteria under Section 5(2) state, "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."

The benefit includes, as outlined in Section 3, that the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.

I hope this answers your query and clarifies any further doubts.

Warm regards,
Raj Kumar

Maternity Benefit Act is applicable to all factories, mines, and plantations irrespective of the number of employees. However, subject to state amendments, the Act is applicable to other establishments (coming under the purview of Shops and Commercial Establishments Act) only if the number of employees exceeds ten. While counting the number of workmen, there is no distinction as to whether there are 10 women employees or 10 employees comprising both men and women. However, if you have more than 10 women employees, considering the number of contract employees, then the Act will be applicable to the establishment. This is because wherever the matter of the number of employees is considered for the coverage of a particular Act (such as for the coverage of EPF Act 20 employees, ESI Act 10 employees, etc.), the employees directly employed and those through contractor(s) will be counted together.

Similarly, benefits under the Maternity Benefit Act are available to all employees irrespective of their salary, with the exemption of women who are covered by the ESI Act and receive similar benefits from the ESI Corporation. Therefore, the salary of the employees is not relevant for the coverage of the Act.

Regards,

Madhu.T.K