WOMEN EMPLOYEES FACILITIES IN FACTORY & MATERNITY BENEFIT

AS PER FACTORY ACT 1948

WORK OR NEAR MACHINERY IN MOTION

No woman shall be allowed in any factory to clean ,lubricate or adjust any part of a prime mover or any transmission machinery is in motion.

LATRINES AND URINALS

In every factory sufficient Latrine & Urinal accommodation of the prescribed types(separate enclosed accommodation for Male & Female workers )shall be provided conveniently situated and accessible to workers at all times while they are at the factory. Every Latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastenings.

PROHIBITION OF EMPLOYMENT OF WOMEN NEAR COTTON-OPENERS

No woman shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work.

EXCESSIVE WEIGHTS

No woman shall, unaided by another person,lift,carry or move by hand or on head, any material,article,tools or appliance exceeding the maximum limit in weight of 30 Kilograms.

WASHING FACILITIES

If Female workers are employed separate washing facilities shall be provided and so enclosed or screened that the visible from any place where any other persons work or pass.

FACILITIES FOR STORING AND DRYING CLOTHES

Provision therein of suitable and separate places for male and female workers to keep clothing's not worn during working hours and for the drying of wet clothing shall be provided and maintained.

SHELTERS ,RESTROOMS AND LUNCHROOMS

In every factory wherein more than 150 workers are ordinarily employed required a suitable lunch room with provision for drinking water, adequate, suitable and separate shelters or restrooms for male and female workers .

Factory employing 30 or more women workers are required to provide crche facilities for the use of children under the age of 6 years for the women employees. The Crche shall be furnished and equipped and in particular there shall be one suitable cot or a cradle with the seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient of suitable toys for older children.

CRCHES

PROHIBITION OF EMPLOYMENT OF WOMAN

No woman shall be required or allowed to work in any factory except between the hours of 6 A.M and 7 P.M. The State Government may vary those limits or exempt this restriction in case of women working in fish curing or fish canning factories.

DANGEROUS OPERATIONS

Employment of Women, is prohibited or restricted in certain operations declared to be e.g.Electroplanting ,manufacture and repair of Electric accumlators,glass manufacture, grinding or glazing of metals, manufacture and treatment of lead and certain compounds of lead, sand blasting ,etc.

Every factory shall set up an information center for women workers, which made thereunder shall provide them with information regarding the protective measures under the Act and the rules.

INFORMATION CENTER

MATERNITY BENEFIT ACT, 1961

Women at the reproductive stage are exposed to special risks during pregnancy and child bearing, and mortality and maternal morbidity are factors which require special consideration. The Maternity benefit Act was passed to regulate the employment of women for certain period before and after the child birth and to provide certain maternity and other benefits.

DEFINIATIONS

MATERNITY BENEFITS
Eligibility

A woman is eligible for maternity benefits when she has worked for at least 80 days in the preceding 12 months from her date of expected delivery.

Pay

Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.

MATERNITY BENEFITS
Leave The woman employee is eligible to get maternity benefit for 84 days (i.e 12 weeks). Out of the 84 days , the period before delivery should be maximum 42 days.

Medical Bonus Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and post natal care is provided to the concerned woman employee free of charge.

MATERNITY BENEFITS
Other Leaves (with wages as in maternity benefit) arising out of pregnancy a) Miscarriage, Medical termination - 6 weeks from day after pregnancy. b) Tubectomy- 2 weeks from the day of after pregnancy. c) Illness due to Pregnancy - One Month before Delivery.

NURSING BREAKS
Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

CLAIM FOR MATERNITY BENEFIT AND PAYMENT

1.

A woman who is pregnant shall give a notice to the employer mentioning the Following:
Date from which she will be absent (not being earlier than 42 days from expected date of delivery).

Maternity benefit to be paid to her or to her nominee However, if a woman employee was unable to give a Notice to the employer when she was pregnant, she may do so as soon as possible after the delivery.

2.

On receiving the notice, the employer shall make the payment to the female employee/ nominee within 48 hrs.

PROHIBITION FOR DISMISSAL DURING ABSENCE DUE TO PREGNANCY

1.

2.

3.

An Employer cannot dismiss a female employee for absence who is availing maternity benefit. Such a dismissal by the employer should not derive a female employee from claiming maternity benefits. However, an employer can deprive a female employee of the maternity benefit if the discharge is due to Gross misconduct.

LEAVE FOR MISCARRIAGE

In

case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.

FORFEITURE OF MATERNITY BENEFITS

The

Female employee who is availing Maternity benefit from her employer but works in some other establishment/factory, shall forfeit her claim to Maternity benefit.

BY SAYONI GHOSH