Lecture-07

UNITED INTERNATIONAL UNIVERSITY

Post Graduate Diploma in Human Resource Management

Course Title: Employee Relations and Employment Laws in

Bangladesh
Facilitator:
Abul Hashem Mazumder
MBA (HRM), PGDHRM(BIM), LLB (NU)
Fellow & Former GS, BSHRM
Member : Labour Court, Dhaka.

Head of HR,
Mirpur Ceramic & Khadim Ceramics Ltd.
Email: ahmazumder2009@gmail.com
Cell : 01811343402, 01730010520
 Chapter-4
Maternity Benefit
 TOPIC TO BE COVERED
Employment of women workers prohibited during
certain period
Right to and liability for payment of maternity
benefit
Procedure regarding payment of maternity benefit
Amount of maternity benefit
Payment of maternity benefit in case of death of a
women worker
 Restriction on termination of employment of
women in certain case cases
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 Quiz
1. What are the maximum number of members in the Enquiry Board
and who cannot be the member of the Enquiry Board?
2. Can management award any minor punishment to any worker when
he has confessed his guilt on receiving show cause notice?
3. What is your understanding about cross examination ?
4. What is your understanding about principles of natural justice?
5. If any worker do not wants to receive the showcause notice, what
action management can take ?
6. Can any employer suspend any worker for 10 days as measure of
punishment ?
7. If the accused employee leave in the midst of inquiry, what action
can be taken by the Enquiry Board?
8. Compensation for dismissal from service is 30 days / 14 days basic
salary?
 MATERNITY BENEFIT
CHAPTER : IV
Maternity benefit:
2(34) 'maternity benefit' means the sum of money payable under
the provisions of chapter IV to a woman worker with leave;

45.Employment of women worker prohibited during certain

period :

(1) No employer shall knowingly employ a woman in his

establishment during the eight weeks immediately following the day
of her delivery.

(2) No woman shall work in any establishment during the eight

weeks immediately following the day of her delivery.
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 MATERNITY BENEFIT
CHAPTER : IV (contd…)
(3) No employer shall employ any woman for doing any work which is
of an arduous nature or which involves long hours of standing or
which is likely to adversely affect her health; if-
(a) he has reason to believe or if she has informed him that she is likely
to be delivered of a child within ten weeks;
(b) she has to the knowledge of the employer been delivered of a child
within the preceding ten weeks:

Provided that in case of tea plantation worker, a woman worker can

undertake light work if and for so long as the medical practitioner of
the concerned tea estate 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 addition to the maternity benefit which she may be entitled to
receive under existing this Act. 6
 MATERNITY BENEFIT
CHAPTER : IV (contd…)
46. Right to, and liability for, payment of maternity benefit :
(1) every woman employed in an establishment shall be entitled to
and her employer shall be liable for, the payment of maternity
benefit in respect of the period of eight weeks preceding the
expected day of her delivery and eight weeks immediately following
the day of her delivery:

Provided that a woman shall not be entitled to such maternity

benefit unless she has worked under the employer, for a period
of not less than six month immediately preceding the day of her
delivery.
(2) No maternity benefit shall be payable to any woman if at the
time of her confinement she has two or more surviving children,
but in that case she shall be entitled to the leave to which she would
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 MATERNITY BENEFIT
CHAPTER : IV (contd…)
47.Procedure regarding payment of maternity benefit :

(1) Any pregnant woman entitled to maternity benefit under this act may, on
any day, give notice either orally or in writing to her employer that she
expects to be confined within eight weeks next following and may therein
nominate a person for purposes of receiving payment of maternity benefit in case
of her death.

(2) Any woman who has not given such notice and has been delivered of a child,
shall within seven days, give similar notice to her employer that she has given birth
to a child.

(3) When a notice referred to in sub-section (1) or (2) is received, the employer
shall permit the women to absent herself from work from the day following the
date of notice in the case mentioned in sub-section (1); from the day of delivery in
the case mentioned in sub-section (2) until eight weeks after the day of delivery.
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 MATERNITY BENEFIT
CHAPTER : IV (contd…)
(4) An employer shall pay maternity benefit to a woman entitled
thereto in such one of the following ways as the woman desire, namely :

(a) for eight weeks, within three working days of the production of a
certificate signed by registered medical practitioner stating that the
woman is expected to be confined within eight weeks of the date of
the certificate, and for the remainder of the period for which she is entitled
to maternity benefit under this act within three working days of the
production of proof that she has given birth to a child; or

(b) for the said period up to and including the day of delivery, within three
working days of the production of proof that she has given birth to a child,
and for the remainder of the said period, within eight weeks of the
production of such proof; or
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 MATERNITY BENEFIT
CHAPTER : IV (contd…)
(c) for the whole of the said period, within three working days of the production of
proof that she has given birth to a child:
(d) If any women worker delivered a child before giving notice to the employer, in that
case she will be allowed to remain absent following eight weeks including maternity
benefit for whole the period within three working days upon production of proof
about birth of her child.
Provided that a woman shall not be entitled to any maternity benefit or any
part thereof, the payment of which is dependent upon the production of proof under
this sub-section that she has given birth to a child unless such proof is produced
within three months of her delivery.
Further provided that in case of miscarriage before proceeding to Maternity Leave,
women worker will not be entitled to any maternity benefit but she will be allowed to
leave for her health reason if needed.
(5) The proof required to be produced under sub-section (4) shall be either a
certified extract from a birth register under the births and deaths registration
act, 2004 (XXIX of 2004) or a certificate signed by a registered medical practitioner
or such other proof as may be acceptable to the employer.
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 MATERNITY BENEFIT
CHAPTER : IV (Contd…)

48. Amount of maternity benefit :

(1) 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, calculated in the manner laid down in sub-
section (2), and such payment shall be made wholly in cash.
(2) For the purpose of sub-section (1) the daily, weekly or monthly
average wages, as the case may be, shall be calculated by
dividing the total wages earned by the woman during the
three months immediately preceding the date on which she
gives notice under this act by the number of days she actually
worked during the period.
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 MATERNITY BENEFIT
CHAPTER : IV (contd…)
49.Payment of maternity benefit in case of a woman's death :

(1) If a woman entitled to maternity benefit under this act dies at the time of
her delivery or during the next period of 8 months, the employer shall pay the
amount of 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; to
the person nominated by her under this chapter, or if she has made no such
nomination, to her legal representative.

(2) If a woman dies during the period for which she is entitled to maternity benefit
but before giving birth to a child, the employer shall be liable to pay maternity benefit
only for the period up to and including the day of her death, provided that any sum
already paid to her in excess of such liability shall not be recoverable from her legal
representative, and any amount due at the woman's death shall be paid to the person
nominated by her under this chapter, or if she has made no such nomination,
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to her legal representative.
 MATERNITY BENEFIT
CHAPTER : IV (contd…)

50.Restriction on termination of employment of a woman in

certain cases :

If any notice or order of discharge, dismissal, removal or termination

of employment is given by an employer to a woman within a period of
six month before and eight weeks after her delivery and such notice or
order is given without sufficient cause, she will not be deprived of any
maternity benefit to which she would have become entitled under this
chapter.

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THANK YOU ALL

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 ANY
QUESTION

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