KNOWLEDGE BLOG ON "INDIAN LABOUR LAW AND HUMAN RESOURCE"

Wednesday, 15 March 2023

Medical Bonus under Maternity Benefit Act

Under the Maternity Benefit Act in India, eligible female employees are entitled to receive a medical bonus as a form of financial assistance during their pregnancy. The medical bonus is paid in addition to the regular maternity benefit and is designed to help cover the costs of medical expenses related to the pregnancy.

Specifically, the Maternity Benefit Act provides for the payment of a medical bonus equivalent to 3,500 Indian rupees (as of 2021) to female employees who have worked for their employer for at least 80 days in the 12 months preceding the date of delivery. The medical bonus is payable regardless of whether the female employee has taken maternity leave or not.

The medical bonus is intended to help offset the cost of prenatal and postnatal medical expenses, including doctor consultations, diagnostic tests, and medications. It is a one-time payment that is made along with the regular maternity benefit amount.

Overall, the medical bonus provision under the Maternity Benefit Act is an important social security benefit that helps to support the health and wellbeing of female employees during their pregnancy. By providing financial assistance to cover medical expenses, the medical bonus helps to ensure that female employees are able to access necessary healthcare services and maintain their health and the health of their unborn child.

Namo…..

Regards,

Girish Jayram Vivalkar

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Information and applicability on Payment of Gratuity Act

The Payment of Gratuity Act is a labour law in India that provides for the payment of gratuity to employees who have worked continuously for at least five years in an organization with 10 or more employees. Gratuity is a lump sum amount paid to employees as a token of appreciation for their long-term service and is typically paid at the time of retirement, resignation, or death.

Under the Payment of Gratuity Act, eligible employees are entitled to receive a gratuity amount that is equivalent to 15 days' salary for each completed year of service, subject to a maximum of 20 lakhs (as of 2021). The Act also specifies certain conditions for the payment of gratuity, such as the requirement for the employer to establish a gratuity fund or obtain a gratuity insurance policy for the benefit of its employees.

The Act also provides for the nomination of a beneficiary by the employee to whom the gratuity amount would be paid in the event of the employee's death before the gratuity is received.

The Payment of Gratuity Act is an important labour law in India as it provides a valuable social security benefit to employees who have worked for a significant period of time in an organization. It incentivizes long-term employment and helps to ensure that employees are recognized and rewarded for their loyalty and commitment to their organization.

Brief information on four new labour codes of India

Much awaited and yet to get implemented in Indian labour law context are four new labour codes, which consolidate and amend several labour laws that were in place for decades. The four codes are:

Code on Wages, 2019: This code combines four existing laws related to the payment of wages and benefits to workers. It aims to provide a universal minimum wage to all workers, including those in the unorganized sector. The code also introduces a statutory concept of "floor wage" that provides a benchmark minimum wage for all workers.
Code on Occupational Safety, Health and Working Conditions, 2020: This code replaces 13 existing laws related to the working conditions of workers. It aims to provide a safe and healthy work environment for all workers and ensures that they are provided with basic amenities such as restrooms, canteens, and first aid facilities. The code also covers aspects such as working hours, leave, and overtime provisions.
Code on Industrial Relations, 2020: This code consolidates three existing laws related to industrial disputes, trade unions, and conditions of employment. It provides for the formation of a two-tier industrial dispute resolution mechanism at the national and state level. The code also allows employers to hire workers on fixed-term contracts and provides for the recognition of trade unions at the workplace.
Code on Social Security, 2020: This code consolidates nine existing laws related to social security, including the Employees' Provident Funds and Miscellaneous Provisions Act, the Maternity Benefit Act, and the Payment of Gratuity Act. It aims to provide social security benefits such as health insurance, old-age pension, and disability benefits to all workers, including those in the unorganized sector.

Overall, these four labour codes aim to simplify and streamline India's labour laws and improve working conditions for workers. However, their implementation has been met with some criticism and opposition from trade unions, who argue that the codes do not adequately protect the rights of workers and may lead to the erosion of existing benefits and protections.

In conclusion, the four labour codes represent a significant change in India's labour laws and have the potential to improve the lives of millions of workers. However, their success will depend on their effective implementation and enforcement, and their ability to balance the interests of workers and employers.

Tuesday, 31 August 2021

Draft of Maharashtra Code on Social Security Rules 2021

Dear All,

Please find below information regarding Draft of Maharashtra Code on Social Security Rules 2021.

If you find this notification useful then kindly re-share with your professional circle

PLEASE DO CHECK THE AUTHENTICITY OF BELOW NOTIFICATION BEFORE IMPLEMENTING.