Anda di halaman 1dari 38

Maternity Act

PF and Gratuity Act


ESI and WC Act

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