Labour Laws

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THE DOMESTIC WORKERS WELFARE AND SOCIAL SECURITY ACT 2010

THE DOMESTIC WORKERS WELFARE AND SOCIAL SECURITY ACT 2010:

This Act is for the protection of Domestic Workers and provision of welfare scheme to these Workers. However, for the domestic workers to be able to reap from the same they need to be registered with the concerned board. Like in Pune they need to register with the Maharashtra Domestic Workers Welfare Board formed under the Maharashtra Domestic Workers Welfare Act, 2008. There is a registration fee that is made payable by the full time employer of the domestic worker or the agency/service provider.

Benefits under this Act include: fixation of minimum wage, working hours, weekly holidays, interval for rest, and wages for overtime.

If the full time employer or agency contravenes with the provisions of this act it could result in punishment through fine and imprisonment.

But because not many people know about this according to the 2012 report only 10,000 domestic workers are registered in Maharashtra.

Registering domestic workers is important so some record of the workers is maintained by the State and can also help reduce crime.

domestic welfare and social security act

 

Maternity Benefit Act, 1961

 

MATERNITY BENEFIT ACT, 1961

This act applies to:

1)    every establishment being a FACTORY, MINE OR PLANTATION including any such establishment belonging to government

2)    every establishment wherein persons are employed for the exhibition of EQUESTRIAN, ACROBATIC AND OTHER PERFORMANCES;

3)    every SHOP OR ESTABLISHMENT in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months.

However, this act is not applicable to any factory or establishment to which the provisions of Employees State Insurance Act apply.

Entitlement of Maternity Benefit:

1)    Every woman shall be entitled payment of maternity benefit at the rate of average daily wage for the period of actual absence.

2)    Every woman shall be entitled maternity benefit provided she has actually worked in AN ESTABLISHMENT FOR A PERIOD OF NOT LESS THAN 80 DAYS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF HER EXPECTED DELIVERY. For the purpose of this calculation the days on which she has been laid off or was on holidays with wages shall also be counted.

3)    The qualifying period of 80 days shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.

Employment of, or work by women prohibited during certain periods:

1)    No employer shall knowingly employ a woman/no woman shall work in any establishment during the SIX WEEKS IMMEDIATELY FOLLOWING THE DAY OF HER DELIVERY, including miscarriage or medical termination of pregnancy.

2)    No pregnant woman shall be required to do work which is of an ARDUOUS NATURE OR WHICH INVOLVES LONG HOURS OF STANDING, OR WHICH IN ANY WAY IS LIKELY TO INTERFERE WITH HER PREGNANCY OR THE NORMAL DEVELOPMENT OF THE FETUS, OR IS LIKELY TO CAUSE HER MISCARRIAGE OR OTHERWISE TO ADVERSELY AFFECT HER HEALTH,

  1. ONE MONTH IMMEDIATELY PRECEDING THE PERIOD OF SIX WEEKS, BEFORE THE DATE OF HER EXPECTED DELIVERY;
  2. OR ANY PERIOD DURING THE SAID PERIOD OF SIX WEEKS FOR WHICH THE PREGNANT WOMAN DOES NOT AVAIL OF LEAVE OF ABSENCE .