MATERNITY BENEFIT ACT, 1961 Applicable: All India Child: includes a still born child Delivery: birth of a child Employer Employer Establishment Factory Inspector Wages Woman Miscarriage No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy No woman shall work in any establishment during the six weeks immediately following the day of her delivery [miscarriage or medical termination of pregnancy].
No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period any 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 foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. The period referred to in sub-section (3) shall be- (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
At the rate of the average daily wage for the period of her actual absence.
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 eighty days in the twelve months immediately preceding the date of her expected delivery. Every woman- (a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply; (b) whose wages (excluding remuneration for over-time work) for a month exceed the amount specified in sub-clause (b) of clause (9) of section 2 of that Act; and (c) who fulfils the conditions specified in sub- section (2) of section 5, shall be entitled to the payment of maternity benefit under this Act.
If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.
In case of miscarriage or medical termination of pregnancy, 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 or, as the case may be, her medical termination of pregnancy. A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, [miscarriage, medical termination of pregnancy or tubectomy operation] be entitled, in addition to the period of absence allowed to her under section 6, or, to leave with wages at the rate of maternity benefit for a maximum period of one month. 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.
When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to: discharge or dismiss her during or on account of such absence give notice of discharge or dismissal on such a day that the notice will expire during such absence vary to her disadvantage any of the conditions of her service. The state government appoints Inspectors under this Act, who may: enter the establishment, question as they deem fit , take copies of any records, direct employers to make payments A woman who has been on unauthorised absence may forfeit the benefits available under the Act Employer who defaults on the provisions of the Act may face imprisonment up to one year and a fine PAYMENT OF GRATUITY ACT, 1972
Applicable: All India Completed year of service: continuous service for one year Continuous service:means uninterrupted service and includes service which is interrupted by sickness, accident, leave, layoff, strike or a lock-out or cessation of work not due to any fault of the employee concerned, whether such interrupted or interrupted service was rendered Retirement: means termination of the service of an employee otherwise than on superannuation;
Superannuation: the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employee shall vacate the employment; and in any other case, the attainment by the employee of the age of fifty-eight years
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,- (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease;
For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned The amount of gratuity payable to an employee shall not exceed twenty months' wages.
No gratuity payable under this Act shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Employee's Provident Funds Miscellaneous Provisions Act, 1952
Applicable All India except the State of Jammu and Kashmir http://www.epfindia.gov.in/EPFAct1952.pdf Every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed, and Any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify
The Fund shall vest in, and be administered by, the Central Board constituted under section 5A. The Central Government may, be notification in the Official Gazette, constitute, a Board of Trustees and an Executive Committee to assist the Central Board in the performance of its functions. Central Govt , in consultation with State Govt may constitute a State Board of Trustees
Central Govt will appoint a Central Provident Fund Commissioner and may appoint Financial Advisor Chief Accounts Officer Appropriate Government Authorised Officer: Provident Fund Commissioner Employer, Employee Contribution: Contribution payable in respect of a member Exempted Employee/ Establishment: to whom exemption from the scheme has been granted under Sec 17 Fund: Provident fund Pension Fund: Employees Pension fund Superannuation: attainment of the age of 58 By Employer: 12% of basic wages, dearness allowance and retaining allowance
By Employee: Equal to that of employer; can opt to contribute more, but employer cannot be compelled to contribute more
Retaining allowance: paid to employee while not working, to retain his service http://www.business- standard.com/article/pf/things-to-know- about-employee-provident-fund- 113060200464_1.html Providing pension Providing widow/widower/children pension 8 1/3% of basic, DA, retaining allowance payable by employer, out of the 12% Will be done by: Central Provident Fund Commissioner Additional Central Provident Fund Commissioner Deputy Provident Fund Commissioner Central Govt may constitute one or more tribunals One person per tribunal Should be qualified to be a judge of a High Court or a judge of a District Court
Appeals may be made to the Tribunal in prescribed format The appellant may appoint a legal professional to appear on his behalf Copy of the order of the Tribunal has to be given to the appellant Provident Fund is recognised under Section 11 of the Income Tax Act of 1922
Provident Fund cannot be attached by a court In case of death, the amount shall be payable to the nominee To be appointed by the State Govt by notification in the official gazette May enquire into the correctness of any information provided May require employer or contractor to furnish information May, with assistance, enter, search any establishment for examination of books, accounts, take copies of records Imprisonment up to 3 years and fine Central PF Commissioner may exempt establishments from some provisions of the Act e.g. Insurance Scheme When an employee leaves employment, the accumulations to his credit are transferred to the account of the new employer under the Provident Fund