#labour law in india

[acquisory]

The Maternity Benefit (Amendment) Bill, 2016 – A Transformation in the Labour Law

The much awaited transformation in the Labour Law empowering women employment, the Maternity Benefit (Amendment) Bill was passed by Rajya Sabha on 11th August, 2016. While the bill is yet to be passed in Lok Sabha. The bill highlights the increasing the period of maternity leave from 12 to 26 weeks for Organized Formal Sectors.

The Bill amends the Maternity Benefit Act, 1961. The Act regulates the employment of women during the period of child birth, and provides maternity benefits. The Act applies to factory, mines, plantations, shops and other establishments. The Bill amends provisions related to the duration and applicability of maternity leave, and other facilities.

Highlights of the Maternity Benefit (Amendment) Bill, 2016

Duration of Maternity Leave — The Act states that every woman will be entitled to maternity benefit of 12 weeks. The Bill increases duration to 26 weeks.

2. Under the Act, the maternity benefit should not be availed before six weeks from the date of expected delivery, the bill changes to eight weeks.

3. In case of a woman who has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before six weeks from the date of the expected delivery.

4. Maternity leave for adoptive and commissioning mothers: The Bill introduces a provision to grant 12 weeks of maternity leave to: (i) a woman who legally adopts a child below three months of age; and (ii) a commissioning mother. A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.

5. The 12-week period of maternity benefit will be calculated from the date the child is handed over to the adoptive or commissioning mother.

6. Option to work from home: The Bill introduces a provision that states that an employer may permit a woman to work from home. This would apply if the nature of work assigned to the woman permits her to work from home. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.

7. Crèche facilities: The Bill introduces a provision which requires every establishment with 50 or more employees to provide crèche facilities within a prescribed distance. The woman will be allowed four visits to the crèche in a day. This will include her interval for rest.

8. Informing women employees of the right to maternity leave: The Bill introduces a provision which requires every establishment to intimate a woman at the time of her appointment of the maternity benefits available to her. Such communication must be in writing and electronically.

Need for the Transformation in the Law

With the rise of Nuclear family concept in India and with that the social and family support is decreasing for young parents. This has become one of the major reason why more and more young and progressive women have to give up their career, which in turn proves a huge loss to society. Thus, the government taking into consideration this fact has made provision to increase the maternity leave from 12 weeks to 26 weeks for all organized formal sectors covering women working in both public and private sectors.

However, one such drawback which can be seen is that the women in the Unorganized Sector won’t be benefitted from Maternity Benefit Act Amendment Bill, 2016. So, the women who work from home (whether they are freelancers or work at small establishments like rolling bidis etc) and work without a fixed employer are left out. Yes, working women without fixed employer have been left out from the bill completely.

The amendment recognises the economic rationale of women’s participation in India’s economy. Innumerable studies have highlighted the importance of involving half of India’s population in measurable economic activities. Today, women contribute only 17 percent to India’s GDP against a global average of 37 percent (source: McKinsey). Countries like Norway, Sweden or Denmark, that have one of the world’s highest median per capita income, also have the highest female labour participation rate, higher than 70 percent. If India can increase its women participation in labour force by 10 percentage points by 2025, it could increase its GDP by16 percent (source: Catalyst). A study by Booz and Company estimates that if men and women in India were to be equally employed, its GDP could go up by 27 percent. For a family, double income helps them to fulfil their economics needs and social aspirations while single women need it as a cushion against economic adversity. Therefore, household bound non-employed women who are finding it difficult to work are an economic concern that needs to be fixed.

Other Major Amendments and their impact

For a Mother of Two, the Maternity Leave remains 12 weeks — Its sheer discrimination for the third child. 26 weeks isn’t for the mother of two or more. So, a mother of two will only have 12 weeks leave. So, while, the maternity benefit amendment bill 2016 favors the first and second child. Yes, the child will face discrimination and will also be deprived of dietetic benefits of breastfeeding. The mother can avail the leave…

Read More: https://www.acquisory.com/ArticleDetails/18/The-Maternity-Benefit-(Amendment)-Bill_-2016-%E2%80%93-A-Transformation-in-the-Labour-Law

[labourlawsinindia]

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[kanchankhatanaa]

Employment Lawyer in India

We provide continued Employment Law Advisory for our client organizations. Our specialized lawyers provide advice to our clients' w.r.t Policy, Process, Organization restructuring, separation, Reduction in force and other critical decisions. We aim to provide advisory that shall avoid disputes. Also, we provide pre-litigation dispute resolution and defend clients in disputes with employees, unions, works councils and government agencies at tribunals and other platforms. We advise our clients on the applicability of Labor/Employment laws, their obligations and compliances, and the consequences of non-compliance, as well as issues such as The Employees’ Compensation Act, The Trade Unions Act, The Payment of Wages Act, The Industrial Employment (Standing Orders) Act, The Industrial Disputes Act, The Minimum Wages Act, The Employees’ State Insurance Act, The Factories Act, The Plantation Labour Act, The Mines Act, The Employees’ Provident Funds and Miscellaneous Provisions Act, The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, The Working Journalists (Fixation of rates of Wages) Act, The Employment Exchange (Compulsory Notification of Vacancies) Act, The Motor Transport Workers Act, The Maternity Benefit Act, The Payment of Bonus Act, The Contract Labour (Regulation and Abolition) Act, The Payment of Gratuity Act, The Equal Remuneration Act, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, The Cine Workers Welfare Fund Act, The Dock Workers (Safety, Health and Welfare) Act, The Child and Adolescent Labour (Prohibition and Regulation) Act, The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, The Building and Other Construction Workers Welfare Cess Act, 1996, state-specific Shops & Establishments enactments, Transgender Persons (Protection of Rights) Act, and others, to name a few, are all applicable in India covering complete hire to retire cycle of employee.

[preetisinghuniverse]

Urgent Grievance: Action Needed on Youth Employment Fraud

Grievance Status for registration number : GOVHY/E/2024/0008774 Grievance Concerns To Name Of Complainant Yogi M. P. Singh Date of Receipt 12/11/2024 Received By Ministry/Department Haryana Grievance Description Most respected sir this representation may be considered as the reminder of earlier submitted grievances which description is as follows. The matter concerns the vulnerable section of…

[sankhlaco]

A Brief Overview of Contract Labour Compliance Services: Ensuring Legal Adherence

Contract labour compliance services are essential for businesses that engage contract workers to ensure they meet legal requirements and avoid penalties.

Governed by the Contract Labour (Regulation and Abolition) Act, 1970, these services ensure businesses remain compliant with labour laws, providing a fair working environment for contract employees.

Key Areas Covered by Contract Labour Compliance Services:

Contract Labour Registration and Licensing:

Assistance in obtaining the necessary registrations and licenses under the Contract Labour Act, enabling companies to legally engage contract workers.

Maintenance of Records:

Helping businesses maintain accurate records of contract workers, including wages, attendance, and compliance with safety standards, which are essential during audits and inspections.

Labour Welfare Compliance:

Ensuring adherence to welfare provisions like EPF, ESI registration, and other statutory benefits for contract workers, improving worker protection and avoiding legal action.

Audits and Inspections:

Regular audits to assess compliance levels and ensure adherence to all contract labour laws, reducing the risk of penalties and improving legal standing.

Benefits of Contract Labour Compliance Services:

Legal Compliance: Stay compliant with labour laws and avoid penalties by adhering to regulations under the Contract Labour Act.

Risk Mitigation: Prevent legal disputes and financial penalties by ensuring all statutory obligations are met.

Operational Efficiency: Manage contract labour effectively while reducing the administrative burden through expert services.

By leveraging contract labour compliance services firm, businesses can operate efficiently while ensuring full legal compliance and protecting contract workers' rights.

[uniqueeval]

The Hindu Morning Digest: August 29, 2024

Union Labour and Employment Minister Mansukh Mandaviya holds a meeting with trade union members on the proposed employment-linked incentive (ELI) scheme, on Wednesday (August 28, 2024). | Photo Credit: ANI Telegram founder-CEO Pavel Durov charged, banned from leaving France France on Wednesday (August 28, 2024) charged Pavel Durov, the founder and chief of Telegram, with a litany of violations…

[legalfirms]

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[bigleapconsult]

Payroll Outsourcing Company in India: What You Need To Know

Businesses may outsource their payroll processing to a third-party platform or organization so that they can focus on paying their workers and contractors, managing their payroll, ensuring worldwide payroll compliance, distributing benefits, and completing tax filings. Payroll Outsourcing company in India utilizes these external solutions to manage global payroll because it saves them time and money and helps them avoid making payroll mistakes. Read more by clicking at:

[reasonsforhope]

Masterpost: Reasons I firmly believe we will beat climate change

Posts are in reverse chronological order (by post date, not article date), mostly taken from my "climate change" tag, which I went through all the way back to the literal beginning of my blog. Will update periodically.

Especially big deal articles/posts are in bold.

Big picture:

Mature trees offer hope in world of rising emissions (x)

Spying from space: How satellites can help identify and rein in a potent climate pollutant (x)

Good news: Tiny urban green spaces can cool cities and save lives (x)

Conservation and economic development go hand in hand, more often than expected (x)

The exponential growth of solar power will change the world (x)

Sun Machines: Solar, an energy that gets cheaper and cheaper, is going to be huge (x)

Wealthy nations finally deliver promised climate aid, as calls for more equitable funding for poor countries grow (x)

For Earth Day 2024, experts are spreading optimism – not doom. Here's why. (x)

Opinion: I’m a Climate Scientist. I’m Not Screaming Into the Void Anymore. (x)

The World’s Forests Are Doing Much Better Than We Think (x)

‘Staggering’ green growth gives hope for 1.5C, says global energy chief (x)

Beyond Catastrophe: A New Climate Reality Is Coming Into View (x)

Young Forests Capture Carbon Quicker than Previously Thought (x)

Yes, climate change can be beaten by 2050. Here's how. (x)

Soil improvements could keep planet within 1.5C heating target, research shows (x)

The global treaty to save the ozone layer has also slowed Arctic ice melt (x)

The doomers are wrong about humanity’s future — and its past (x)

Scientists Find Methane is Actually Offsetting 30% of its Own Heating Effect on Planet (x)

Are debt-for-climate swaps finally taking off? (x)

High seas treaty: historic deal to protect international waters finally reached at UN (x)

How Could Positive ‘Tipping Points’ Accelerate Climate Action? (x)

Specific examples:

Environmental Campaigners Celebrate As Labour Ends Tory Ban On New Onshore Wind Projects (x)

Private firms are driving a revolution in solar power in Africa (x)

How the small Pacific island nation of Vanuatu drastically cut plastic pollution (x)

Rewilding sites have seen 400% increase in jobs since 2008, research finds [Scotland] (x)

The American Climate Corps take flight, with most jobs based in the West (x)

Waste Heat Generated from Electronics to Warm Finnish City in Winter Thanks to Groundbreaking Thermal Energy Project (x)

Climate protection is now a human right — and lawsuits will follow [European Union] (x)

A new EU ecocide law ‘marks the end of impunity for environmental criminals’ (x)

Solar hits a renewable energy milestone not seen since WWII [United States] (x)

These are the climate grannies. They’ll do whatever it takes to protect their grandchildren. [United States and Native American Nations] (x)

Century of Tree Planting Stalls the Warming Effects in the Eastern United States, Says Study (x)

Chart: Wind and solar are closing in on fossil fuels in the EU (x)

UK use of gas and coal for electricity at lowest since 1957, figures show (x)

Countries That Generate 100% Renewable Energy Electricity (x)

Indigenous advocacy leads to largest dam removal project in US history [United States and Native American Nations] (x)

India’s clean energy transition is rapidly underway, benefiting the entire world (x)

China is set to shatter its wind and solar target five years early, new report finds (x)

‘Game changing’: spate of US lawsuits calls big oil to account for climate crisis (x)

Largest-ever data set collection shows how coral reefs can survive climate change (x)

The Biggest Climate Bill of Your Life - But What Does It DO? [United States] (x)

Good Climate News: Headline Roundup April 1st through April 15th, 2023 (x)

How agroforestry can restore degraded lands and provide income in the Amazon (x) [Brazil]

Loss of Climate-Crucial Mangrove Forests Has Slowed to Near-Negligable Amount Worldwide, Report Hails (x)

Agroecology schools help communities restore degraded land in Guatemala (x)

Climate adaptation:

Solar-powered generators pull clean drinking water 'from thin air,' aiding communities in need: 'It transforms lives' (x)

‘Sponge’ Cities Combat Urban Flooding by Letting Nature Do the Work [China] (x)

Indian Engineers Tackle Water Shortages with Star Wars Tech in Kerala (x)

A green roof or rooftop solar? You can combine them in a biosolar roof — boosting both biodiversity and power output (x)

Global death tolls from natural disasters have actually plummeted over the last century (x)

Los Angeles Just Proved How Spongy a City Can Be (x)

This city turns sewage into drinking water in 24 hours. The concept is catching on [Namibia] (x)

Plants teach their offspring how to adapt to climate change, scientists find (x)

Resurrecting Climate-Resilient Rice in India (x)

Other Masterposts:

Going carbon negative and how we're going to fix global heating (x)

[dopearbiterearthquake]

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[shopregistrationindelhi]

[labourlawsinindia]

The amendment of the Maternity Benefits Act has very beneficial provisions for working women. But, the drafters of the amendment failed to consider the shortcomings of the Act. These inadequacies have been discussed in the suggestions. The amendment has brought the Indian legislation at par with the International legislations and taken the recommendations given by the 259th Law Commission report and the 2nd Commission on Labour, but they should study the provisions in various countries as well.

Like in Singapore, the state shares the burden with the employer for paying maternity benefits. As the full burden is now on the employer, they might be hesitant to hire more women employees. The Amendment is also not fully future-ready. This is because, although on one hand, it added provisions to enable employees to work from home, it did not consider the factor of paternity benefits.

Know more about the maternity benefits act in India

[kanchankhatanaa]

Employment Policy Design in India

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