Assignment on Rephrasing

Bangladesh Labor Code-2006

Laws regarding Maternity Benefit
Course Code: 508
Course Title: Labor Law

Submitted to
Mr. Md. Abul Bashar
Associate Professor
Department of Management
Faculty of Business Administration
University of Chittagong
Submitted by
Fahim Hasan Auyon
Id. 09302004
MBA (HRM)
Session: 2012-13
Department of Management
Faculty of Business Administration
University of Chittagong
Date: 29 August, 2015

# Section 45. Employment of woman worker during certain period: No employer can employ a
woman in his establishment in between the eight weeks of her delivery starting from the date of
her delivery. If she is employed previously or before her pregnancy, she cannot be given any
work during the eight weeks starting from the date of her delivery.
The employer cannot give any work which requires long hours of standing which causes harm to
the workers health if he knows or informed by the worker that she will deliver a child within ten
weeks or delivered a child within the preceding ten weeks.
In case of tea plantation worker, a woman worker can undertake light work if the medical
practitioner certifies that, she is physically fit to do that work. For doing such work the worker
will get paid under the prevailing rate of her work and she also get the maternity benefit.

# Section 46. Right to, and liability for payment of maternity benefit: Every woman worker in
an establishment shall be entitled to get the maternity benefit eight for the weeks before and eight
weeks after her delivery and the employer is liable to pay the benefit.
To avail the benefit, the worker must be employed continuously not less than six months under
the employer immediately preceding the day of her delivery.
If the worker has two or more surviving children, she will not get any maternity benefit but she
can avail leave which she otherwise entitled.

# Section 47. Procedure regarding payment of maternity benefit: (1) Under the act, any
pregnant woman entitled to maternity benefit can give oral or written notice to the employer that
she expects to give birth of a child within the next eight weeks. She can also nominate anyone to
receive her benefit in case of her death.
(2) If the worker has not given any notice to her employer and delivered a child, she
needs to give similar notice to her employer that she has given birth of a child within seven days.

(3) After receiving the notice referred in sub-section (1) or (2) the employer will permit
the worker to absent from work from the following day of the given notice mentioned in subsection (1) or from the day of the delivery till the eight weeks expired from the delivery date.
(4) The worker can get the benefit in three different ways and she can choose any one of
them.
a. If the worker can provide the certificate signed by the registered medical
practitioner whom states that she is expected to give birth of a child within eight weeks, and for
the rest of the period she needs to provide the certificate of proof that she has given birth of a
child. Both the certificate must be provided within three working days.
b. The said period including the day of the delivery, within three working days of
the production of proof that she has given birth to a child, and for the rest of the period within the
production of that proof.
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.
If the production of proof has not been provided within the three months from the date of her
delivery, the worker will not get any maternity benefit.
(5) The proof must be produced by a certified birth register or a certified medical
practitioner.

# Section 48. Amount of maternity benefit: (1) The maternity benefit which is payable shall be
given at the rate of daily, weekly, monthly average wages.
(2) The payment will be made wholly in cash.
The daily, weekly, monthly average wages will be calculated by dividing the total wages earned
by the worker during the preceding three months of the given notice.

# Section 49. Payment of maternity benefit in case of a womans death: (1)In case of death of a
woman worker during the next eight weeks of her delivery or at the time of her delivery, the
benefit will be given to the person who takes care of the child. If the child also dies, the benefit
will be given to the nominated person by the worker. If there is no one nominated, the benefit
will be given to her legal representative.
(2) If a woman entitled to maternity benefit dies before giving birth of a child, the
employer will provide the benefit for the preceding eight weeks including the day of her death to
the person nominated by her. If there is no one nominated, the benefit will be given to her legal
representative.

# Section 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 given to a woman
by her employer within a period of six months before or eight weeks after her delivery, she will
get the maternity benefit properly.