Note from the Editor: ‘Explainers’ are a new series at Ungender Insights. A question to consider with regard to the maternity benefit law is to ask what position contract workers occupy in law? It stands to reason, that for women contractual workers, wages and other conditions of work are critical. This article examines the current Maternity Benefits Law and how it applies in particular to contractual labour.

In May this year, several news reports suggested that a variety of state governments in India were contemplating amendments to labour law, which according to experts, disproportionately intended to negatively impact women contract labour. Among other proposed amendments, sweeping changes to the maternity benefits act were also debated among other measures such as equal pay, safe working conditions, basic food and water, lighting and transport and overtime fees, the argument made in favour of amendments suggests that a more business-friendly environment will be created.

From a workplace and justice lens, the maternity benefit law is vital. Labour laws apply to that area of activity where workers are working under a ‘contract of employment’. Working women, especially, in informal labour arrangements, are a large absolute number.

Census 2011 data demonstrates that female migration for employment and business grew from 12% to 16% between 2001 and 2011, the same data also demonstrates that there is a shift in the pattern of female labour migration from predominantly rural destinations to urban. Forty-seven percent of all women migrating for work/business were in urban areas in 2001, by 2011 migration to urban destinations had jumped to 58%.

The Periodic Labour Force Survey (PLFS) data for 2017–18 demonstrates a dramatic fall in work participation rates (WPR) among rural women from 24.8% to 17.5% (a fall of almost 25 million women workers) in rural India after 2011–12. While the decline is broad, it is most intense for women from Scheduled Castes (SC) and Scheduled Tribes (ST) categories. Meanwhile, in urban India, stagnation in terms of female WPR has continued to be worrisome at a lowly 15% and 14% across the last decade.

Women in self-employment or in casual (contractual) workers, do not share in India’s growth story. The data demonstrates that only women in ‘regular employment’, defined narrowly as consistent hours of work not including wages or working conditions, have seen a somewhat consistent increase over the last three decades.

PLFS 2017–18, also tells us that manufacturing workers constituted the single largest occupation for the female workforce in urban areas, followed by textile and garment workers, food processing, tobacco products (beedi workers) and leather goods. Teachers constituted another big chunk as are domestic workers (care workers) followed by salespersons, housekeeping and restaurant services workers, clerks and in other occupations. All these occupations function on contracts.

For a greater overview of labour law and women, click here to view.

What position do these contract workers occupy in law? It is reasonable to assume that the nature of ­coercion experienced by these women workers with unimaginable levels of job insecurity, and increased cost and demands of urban living, is qualitatively different from those felt and experienced by men. For these workers, wages and other conditions of work are critical. This article does not get into the nature of changes proposed by state governments in recent times, but does instead, examine the current Maternity Benefits Law and how it applies in particular to contractual labour.

Do Maternity Benefits Apply To Contractual Labour

Yes; As per section 2(o) of the Act, it applies to a woman employed, whether directly or through any agency, for wages in any establishment. Therefore, the benefits under this law cover all women who are employed on contractual, casual, fixed-term, including consultants.

Here is what the law provides;

A medical bonus of Rs.3500/- if there is no free pre or post-natal care given.

Leave with wages for miscarriage for a period of 6 weeks, following a miscarriage

Leave with wages for a tubectomy operation for a period of 2 weeks

Leave for illness arising out of pregnancy, delivery, premature birth, etc., subject to a maximum of 1 month

Where a woman has availed due leave as permitted under the Act, she can’t be discharged or dismissed either during such leave or on such a day where the leave expires, citing absence on such date of expiry.

Conditions of service can’t be modified to her disadvantage during the intervening period, a ploy popularly used by effecting change like transfers, to discourage a woman employee from pursuing her career.

The Employees’ State Insurance Corporation Act, 1948, an Act enacted to provide for certain benefits to employees in case of sickness, maternity and employment injury, covers women who are employed, wherever the establishment is covered under this Act, and not the…