Chapter 4

Maternity Welfare Facilities

What is maternity benefit?
Every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit, which is the amount payable to her at the rate of the average daily
wage for the period of her actual absence.

Prohibition of employment of women workers:

Section 45 of the Bangladesh Labour Act 2006 prohibits working any women to any
establishment and employer shall not knowingly employ a women during the eight weeks
immediately following the day of the her delivery in any establishment.
i. The employer may not employ a women during the eight weeks immediately
following the day of her delivery
ii. Any women may not work during the eight weeks immediately following the day
of her delivery
iii. The employer may not employ any women worker for ten weeks of prenatal and
antenatal period in following grounds:
An employer may not engage a women for any difficult work
An employer may not employ a women for which that she has to work by
keeping herself standing for a long time: and
An employer may not employ a women for any work which is harmful to her:
But in the case of a tea plantation worker, women worker may undertake light work in the
plantation for so long as the medical practitioner of tea plantation certifies that she is
physically fit to do so: and for the days that she does such work, she shall be paid at the
prevailing rate of pay for such work, and such pay shall be paid to her in a addition to the
maternity benefit.
The Bangladesh Labour Act 2006 also prohibits for employment of women in certain
cases by the sections 39, 40 and 42 of this Act. Section 39 of the act prohibits the
employment of women in followings:
No women shall be allowed in any factory to clean any part of machinery while
that part is in motion;
No women shall be allowed in any factory to lubricate any part of machinery
while that part is in motion;
No women shall be allowed in any factory to adjust any part of machinery while
that part is in motion; and
No women shall be allowed in any factory to work between moving parts or
between fixed and moving parts of any machinery which is in motion machines
which are in motion.

Write to and liability for payment of maternity benefit:

The Bangladesh Labour Act 2006 is enacted to provide uniform standards for the
provision regarding payment of maternity benefit. Employers are liable to provide
maternity benefits to the employee who has completed at least 6 months of service with
the employer by the date of confinement. Section 46 of the Bangladesh Labour act 2006
states that every woman employed in any establishment shall be entitled to the payment
of maternity benefit in respect of the period of eight weeks preceding the tentative date of
her delivery and eight weeks immediately following the say of her delivery. The benefit
consists of a payment depending on current wages for eight weeks before eight weeks
after the birth of the child. Section 46(2) of the act provides that no woman worker shall
be entitled to such benefit if she has, at the time of delivery, two or more children alive;
However, she will be entitled to any leave which she is otherwise entitled.

Procedure Regarding Payment Of Maternity Benefit:

According to section 47 of the Bangladesh Labour Act 2006, any pregnant woman who is
entitled to maternity benefit under this act may on any day give notice either orally in
person or in writing to the employer that she expects to deliver a child within eight weeks
of the notice and such notice shall include the name of the nominee of the benefits incase
she dies during delivery.

Amount of Maternity Benefit:

Section 48 of the Bangladesh Labour Act 2006 states that the maternity benefit which is
payable under this act shall be payable at the rate of daily, weekly or monthly average
wages, as the case may be, shall be calculated by dividing the total wages earned by the
woman during three months immediately preceding the date on which she gives notice
under this chapter by the number of days she actually worked during the period. The
payment of maternity benefit shall be paid wholly in cash.

Payment of Maternity Benefit in case Of the Death of a Woman:

He shall pay the amount maternity benefit due, if the newly born child survives her, to the
person who undertakes the care of the child and, if the child does not survive her, the
person nominated by her under this chapter or, if there be no nominated person, to her
legal representative.
Prohibition of dismissal of woman worker:
The Bangladesh labour Act, 2006 protects to a woman worker from dismissal, discharge
or removal in prenatal and postnatal period. The Act also places restrictions on the
dismissal, discharge or removal of the woman workers during her maternity leave.