Independent University, Bangladesh

School of Business and Entrepreneurship

Course Title : Industrial Law and Relations

Course ID : HRM380
Section : 01
Semester-Year: Summer 2023

Submitted to:
Rabbir Rashedin Tirno (Lecturer, Department of Human Resource Management)

Submitted by:

Group Name: Team Fun-tastic

Group Members:
Name Student ID

1. Prionty Datta Progga 2130507

2. Hemayet Ullah 2130042
3. Md Ashfak Amin Bishal 2130004
4. Fakhrul Hossain Aman 2030332
5. Nazim Uddin Noman 2030400
6. Ayrin Akther 2131356

Submission Date: 20th August, Sunday

Introduction:

This case study is about the implementation and regulation of maternity benefits as per
Bangladesh Labor Code. Maternity benefits are an essential aspect of social weal and labor
rights, providing support to pregnant women and new mothers during their maternity period.
Bangladesh, being a developing country with a significant female workforce, recognizes the
significance of protecting women's rights in the workplace and promoting a healthy work- life
balance.

Case on Maternity Benefit:

Meet Fatima Sultana. She is 26 years old women lives in Dhaka city. Due to her poor financial
condition, she was able to study only up to class 10. But she was very hard working and
dedicated student. Now she belongs from a lower middle class family. She is married to Amen
Islam. To maintain her livelihood, she is currently working for a reputable garments factory in
Bangladesh. The garment factory name is Anwar Group. It’s currently located in Mohakhali .She
started working there at the age of 24 years old. She is currently working as machine cleaner and
packaging of that factory. But recently she found out she was pregnant. Now it is becoming very
difficult for Fatima to work in this situation. Fatima approached to HR department to discuss her
situation. But HR totally ignores the situation. On the contrary, he threatened to throw her out of
work. As Fatima did not have proper knowledge about Bangladesh labor code, she couldn’t say
any word. So she accepts whatever he said. The production manager of the factory coerces her to
work 8 hours a day as the demand of the production is increasing but never provide him any
overtime payment. This organization does not follow any rules and regulations related medical
certification. In addition to that, she is also operating with heavy equipment. According to
Bangladesh labor law, he did not pay her in addition to her maternity benefit for eight weeks
before her anticipated day of delivery. He strictly warned her not to be absent from work. The
organization's owner was completely unaware of HR's recklessness. The chief inspector comes to
inspect the factory. He finds out all of the malfeasance of the organization. He initially warned
the Human Resources of the organizations. So, To maintain the situation for the time being HR
agreed to give Fatima maternity leave but without pay. Additionally, word spread among the
other workers that he had replaced Fatima with another woman eight weeks after her delivery.
Her name is Rokeya who is already mother of two children. Employees take the initiative
steps to change the HR manager from the organization. The new HR gives the briefly idea about
the rules and benefit of the organization that are applicable for Bangladesh labor. Specially ask
Fatima to submit medical document for eight weeks maternity benefits and nominate one of her
family member on behalf of her. Rokeya also demanded her maternity benefits to new HR. But
she cannot provide any required proof. However, due to Fatima's serious medical condition, she
forgets to notify any other employees within eight weeks. An unfortunate thing occurred. Fatima
died during childbirth. She was in the village, because of that she did not receive proper medical
care from a licensed physician. So, after 4 months, his nominee comes to collect Fatima’s due
money but New HR refuses to pay the salary.

List of rule and regulations organization does not follow any related to maternity leave in the
organization:

Employment of women worker prohibited during certain period:

- Employers cannot hire or work women for eight weeks after their delivery.

- Women cannot be assigned physically demanding or health- risking work if they are
about to give birth or have given birth within the ten weeks.

- Can do light work if certified fit by a medical practitioner.

Right to, and liability for, payment of maternity benefit:

- Maternity benefit can be paid in three ways as chosen by the woman:

- For eight weeks, within three working days of presenting a certificate from a registered
medical practitioner indicating the expected delivery date.
 - Up to the day of delivery, within three working days of presenting proof of childbirth,
and for the remaining period, within eight weeks of providing such proof.

- For the entire period, within three working days of presenting proof of childbirth.

- The woman must produce the required proof within three months of her delivery.

- Acceptable proofs include a certified extract from the birth register or a certificate from a
registered medical practitioner any other proof accepted by the employer.

Amount of maternity benefit

- Pregnant women entitled to maternity benefit must inform their employer orally or in
writing, specifying that they expect to give birth within eight weeks.
- They can nominate a person to receive the benefit in case of their death.
- If a woman hasn't given prior notice and gives birth, she must notify her employer within
seven days.
- The employer must allow the woman to be absent from work from the date of notice until
eight weeks after delivery.

Payment of maternity benefit in case of a woman's death

- If a woman entitled to maternity benefit dies during delivery. The employer will pay the
benefit to the person caring for the surviving child or the nominee chosen by the woman.

Restriction on termination of employment of a woman in certain cases

- If an employer unjustly terminates a woman's employment within six months before or

eight weeks after her delivery, she will still receive her entitled maternity benefits.

Solution:

If employers are unable to hire or have women work for eight weeks after their delivery, this
policy might be motivated by concerns for the health and well-being of postpartum women. The
intention could be to provide them with adequate time to recover and bond with their newborns.
However, such a policy could also raise questions about its impact on gender equality, labor
market dynamics, and practicality. But as a HR manager, we should involve implementing the
policy effectively while mitigating potential challenges. There are some HR responsibilities
related to maternity benefits:

1. Compliance with Maternity Leave Restrictions:

- Ensure that women are not hired or assigned physically demanding or health-risking tasks
during the specified period before and after delivery.
- Adhere to the restriction of not hiring or working women for eight weeks after their
delivery.

2. Medical Certification and Light Work Authorization:

- Allow workers to engage in light work if certified as fit by a medical practitioner.

3. Maternity Benefit Eligibility:

- Verify that women have worked for at least six months with the employer before
becoming eligible for maternity benefits.
- Ensure women with two or more surviving children at the time of confinement are
provided leave even if they are not eligible for maternity benefits.

4. Providing Maternity Benefits:

- Offer maternity benefits for eight weeks before and eight weeks after the expected
delivery date.
- Provide the maternity benefit amount as per regulations.

5. Documentation and Proof Submission:

 - Collect and maintain documents proving expected delivery date and proof of childbirth.
- Accept different forms of proof, such as certified extracts from birth registers or
certificates from registered medical practitioners.

6. Notice and Absence Management:

- Allow pregnant women to give notice of their expected delivery date, either orally or in
writing, at least eight weeks in advance.
- Enable women to nominate a person to receive benefits in case of their death.
- Manage cases where a woman hasn't given prior notice and notifies the employer within
seven days of giving birth.
- Grant maternity leave starting from the date of notice until eight weeks after delivery.

7. Handling Maternity Benefit in Case of Death:

- In the event of a woman's death during delivery or within the next eight months, pay the
benefit to the person caring for the surviving child or the nominee chosen by the woman.

8. Protection against Unjust Termination:

- Ensure that a woman's entitled maternity benefits are still provided if she is unjustly
terminated within six months before or eight weeks after her delivery.

Other than that, here’s a possible solution that we have to keep in mind:

 Policy Review
 Clear communication between employer and employee
 Flexible Implementation
 Temporary Staffing Solutions
 Maternity Leave Planning
  Employee Assistance Programs
 Monitoring and Feedback
 Documentation and Records
 Equal Treatment and Gender Sensitivity
 Transparent Implementation
 Legal Compliance
 Continuous Improvement

Maternity benefits offer vital financial support, healthcare, and job security during pregnancy
and childbirth, ensuring a healthier work-life balance, promoting gender equality, and reducing
the risk of discrimination or termination due to maternity leave. These benefits also indirectly
contribute to improved child nutrition, reduced child labor, enhanced employee morale, and a
more supportive workplace culture, ultimately fostering a healthier, more productive workforce
and benefiting both mothers and society at large. So it is important to ensure the safety of all
female workers who work in the garment industry.