Maternity Benefit Applicable To Contract Women Workers Are Not.

Dear all, I am Vijai,student from Pondicherry University.If a company is employing 3 permanent women workers those who are earning more than 10000rs and 24 contract labour women working as house keeper,sweeper,etc...
under this circumstance ,whether Maternity Act is applicable to the company or not????
pl clarify my doubt.

Dear Vijai
Maternity Benefit Act 1961, does not make any distinction based on the grade, salary or nature of job.
Under Sec. 3(o); "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
The eligibility under Sec. 5(2) states, "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 given in Sec. (3); 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.
Hope it 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 exceed ten. While counting the number of workmen there is no treatment as to whether 10 women employees or 10 employees taking both men and women together. However, if you have more than 10 women employees taking the number of contract employees then the Act will be applicable to the establishment. This is because, wherever the matter of number of employees is taken for coverage of a particular Act(like for coverage of EPF Act 20 employees, ESI Act 10 employees etc) the employees directly employed and through contractor(s) will be taken together.

Similarly, benefits under the Maternity Benefit Act is available to all employees irrespective of their salary with the exemption of women who are covered by ESI Act and who get similar benefits from the ESI Corporation. Therefore, there is no relevance to their salary for coverage of the Act.

Regards,

Madhu.T.K