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  • Essay / Analysis of the Maternity Benefits Act and the Payment of Gratuity Act

    Table of ContentsMaternity Benefits Act, 1961Payment of Gratuity Act, 1972Overall AnalysisConclusionThe Maternity Benefits Act, 1961The Act is a form of beneficial legislation that aims to provide every possible benefit to working women so that they are not forced to abandon their career after childbirth. In pursuit of this objective, various amendments have been incorporated into the law, in tune with contemporary developments across the world. The “work from home” provision ensures that the employee does not have to choose between her child and her work and that she can achieve her professional goals while meeting the needs of her child. Say no to plagiarism. Get a Custom Essay on “Why Violent Video Games Should Not Be Banned”?Get the original essay The provision that extends the law's reach to adoptive and sponsoring mothers is a major step forward by lawmakers. This not only promotes the trend of adopting orphaned children but also alleviates the insecurity of single mothers who have to juggle maintaining their work-life balance and playing dual roles at home. Additionally, women who obtain a child through surrogacy also have the opportunity to bond with the child, just like other biological mothers. The legal obligations imposed on the employer ensure that all requirements are met and the objects of the law are achieved. However, the other side of the coin reveals worrying results. According to reports in the latest report by staffing company TeamLease Services released in June 2018, the new maternity benefits are likely to have a negative impact on the number of female workers in India. The report estimates a net employment loss of 11-18 lakh women for 2018-19. The reason behind this inconceivable result is: employers believe that it is more profitable to hire male employees than to comply with all legal requirements. From their perspective, hiring female employees is the “worst trade deal in the history of trade deals.” They should be careful when assigning tasks to female employees that may impact their pregnancy. This usually means reassigning the task to someone else. Although this may not seem like a big problem in white-collar jobs, it is very important in blue-collar jobs. In labor-intensive professions, there is little for pregnant women to do. Thus, for the employer, they constitute a handicap. It is therefore seeking to terminate their services in order to reduce input costs. As the status prohibits him from doing so, he decides not to hire any female employees. So, in reality, the provisions of the Maternity Benefit Act lead to a decline in the employment rate of women. Furthermore, the lengthening of the leave period is seen as reinforcing traditional gender roles. Although women are entitled to 26 weeks of leave, there is currently no similar provision for “paternity leave” in India. Thus, it is said that there is an ulterior motive behind this “benefit”; a motive for maintaining and strengthening the traditional role of women as mother, wife and housewife. Although the provision for opening a crèche at workplaces is a positive initiative, the requirement of having at least fifty employees for this seems unreasonable. Payment of Gratuity Act, 1972. An example of social welfare legislation, this Act aims to.