The Maternity Benefit Act, 1961

Maternity Benefit Act, 1961 is an act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits. The act also puts some obligations on the part of the employer. A pregnant woman can claim the benefits under the Maternity Benefit Act, 1961 only after she has worked with the organization for a period of up to 80 days. After she resumes work, the act provides for a provision of light work for up to 10 weeks.

The objective of this act is to safeguard the dignity of motherhood and provide protection to both mother and her child.

Key Takeaways

  • The act ensures the right of a pregnant woman even after her delivery when she is at home taking care of her child.
  • The Maternity Benefit Act after all the amendments covers the majority aspects of leaves and the other benefits to the mothers-to-be to facilitate and help to raise their children in the very crucial initial months of their life as taking care of the children is a fundamental right of both the mother and the child.

15 Laws and Regulation that every HR Manager should be aware of

HR Managers are responsible for shaping the overall growth of the company. Right from recruitment, induction, training and development to performance assessment and grievance resolution, they are responsible for the performance, retention, and satisfaction level of employees. From the legal point of view, Law plays a very important role in the duties of an HR Manager though it may not always be evident. For instance, hiring is accompanied by contracts, which are regulated by the Indian Contract Act, 1872. Firing may require one to follow the provisions of different contracts, ensure that any intellectual property created by an employee is protected in favour of the company, and that proper disciplinary actions take place if someone is being fired due to a breach of the code of conduct.

Table of Content

  • Laws and Regulations that Every HR Manager should be Aware of
  • 1. Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013
  • 2. The Apprentices Act, 1961
  • 3. The Maternity Benefit Act, 1961
  • 4. The Payment of Gratuity Act, 1972
  • 5. The Employees Provident Fund Act, 1947
  • 6. The Factories Act, 1948
  • 7. The Workmen’s Compensation Act, 1923
  • 8. The Payment of Wages Act, 1936
  • 9. The Industrial Disputes Act, 1947
  • 10. The Payment of Bonus Act, 1965
  • 11. The Employees State Insurance Act, 1948
  • 12. Child Labour Regulations (CLR)
  • 13. The Trade Unions Act, 1926
  • 14. The Equal Remuneration Act, 1976
  • 15. The Minimum Wages Act, 1948

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Laws and Regulations that Every HR Manager should be Aware of

1. Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013...

1. Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013

Human resource professionals are responsible for creating a safe environment in an organisation and protecting it. They also have a huge contribution towards creating a positive and safe experience for employees in the workplace. Taking initiatives to stop any form of harassment and inculcating ways to convey that harassment will not be tolerated at any cost are also a part of creating a safe and positive working environment....

2. The Apprentices Act, 1961

The law related to trainees in India is complex in nature since they are considered to be trainees and employees at the same time. The application of the Apprentice Act is applicable to the companies that are registered under the said act. This act is a landmark piece of legislation that was passed by the Indian Parliament to regulate the apprenticeship system within the country. It provides various benefits to apprentices, such as Financial security, Job security, Social security, Education and training, Protection from exploitation, etc....

3. The Maternity Benefit Act, 1961

Maternity Benefit Act, 1961 is an act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits. The act also puts some obligations on the part of the employer. A pregnant woman can claim the benefits under the Maternity Benefit Act, 1961 only after she has worked with the organization for a period of up to 80 days. After she resumes work, the act provides for a provision of light work for up to 10 weeks....

4. The Payment of Gratuity Act, 1972

Payment of Gratuity Act, 1972 is a type of legislation in India that falls under labour laws. This law applies to India with at least ten workers. A gratuity is a form of financial compensation given to employees by an organization as a token of gratitude for the work done....

5. The Employees Provident Fund Act, 1947

This act is enacted as a social security measure which falls under the ambit of “retirement benefit”. Both the employer and employee contribute their part but the whole part is deposited by the employer. There are four types of provident fund, such as Statutory Provident Fund (SPF), Public Provident Fund (PPF), Recognized Provident Fund (RPF) and Unrecognized Provident Fund (UPF). In addition to it, there is a Universal Account Number (UAN). It is a 12-digit number allotted to the employee, and it is contributed to EPF....

6. The Factories Act, 1948

The object behind this act is to protect people from being subjected to too lengthy periods of physical exertion or manual labour. For any regulations related to working conditions, knowledge of this act is a must for HR Managers. The act also states that the working hours should not exceed 48 hours. Complying with the provisions of this act can be a boon for the company as it can effectively avoid labour conflicts in the future....

7. The Workmen’s Compensation Act, 1923

The Workmen’s Compensation Act was made to offer compensation to workers in case of any accident. Though there are security departments present in the factories which keep a check that every worker is obeying the guidelines, however, it is also the responsibility of an HR manager to ensure that the necessary tools and equipment are provided and complied with....

8. The Payment of Wages Act, 1936

The Payment of Wages Act, 1936 governs the way wages are paid to employees. The act keeps a check that the salary is paid on time and without deductions unless specifically permitted by the act....

9. The Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 governs all the industrial entities in India that employ one or more people. There used to be differences of opinion between the employer and the workers, which led to conflict. These issues were brought to the attention of the government and hence the legislation was passed....

10. The Payment of Bonus Act, 1965

The Payment of Bonus Act 1965 imposes a contractual obligation on employers to pay bonuses to the employees as a reward for their contribution towards the company....

11. The Employees State Insurance Act, 1948

The Employee State Insurance Act was enacted to offer security and protection to the employees of India and its respective states. As per this act, an employer is required to cover the expenses through insurance. The act provides health and medical benefits to all the employees and up to 6 dependents of the employees....

12. Child Labour Regulations (CLR)

Child Labour is a serious concern as it is a complete violation of the fundamental rights of a child. The government is very much alert to ensure that child labour is completely banned in India. Children below the age of 14 years are strictly prohibited from employment. Child labour usually deprives children of their childhood, their potential and their dignity that harms them mentally and physically....

13. The Trade Unions Act, 1926

A trade union consist of an organized group of workers, and they help the workers on critical issues such as fairness of pay, good working environment, hours of benefits and other benefits they are entitled to....

14. The Equal Remuneration Act, 1976

In order to treat women in a fair and just manner and to avoid any kind of discrimination against them, the Equal Remuneration Act, 1976 legislation was brought into force. It believes in the concept that when two workers are doing the same work, they should be paid equal wages....

15. The Minimum Wages Act, 1948

The purpose behind the Minimum Wages Act, 1948 is to secure the welfare of both skilled and unskilled labourers in India. As per the provision of this act, a person must be paid at least a minimum wage which is fixed by the government. Every woman shall be paid the same wage for the same kind of work as that of a man, i.e., equal to the man and not less....