Right to and Liability for Payment of Maternity Benefit. Procedure and amount regarding payment of maternity benefit. Maternity benefit in case of the death of a woman.
RIGHT TO AND LIABILITY FOR PAYMENT OF MATERNITY BENEFIT
To get the maternity benefit is a right of the women workers in any establishment under the Bangladesh Labor Act, 2006 and payments of maternity benefit under this Act are made by the employers. Legislation concerning the payment of maternity benefits, before and after confinement, was in operation in any establishment in Bangladesh. Section 46 if the Bangladesh Labor Act states that-
Every woman employed in any 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 tentative date of her delivery and eight weeks immediately following the say of her delivery.
Provided that a woman shall not be entitled to such maternity benefit unless se has worked with the employer for not less than six months immediately preceding the tentative date of her delivery.
No women worker shall be entitled to such benefit if she has, at the time of delivery, two or more children alive; however, will be entitled to any leave which she is otherwise entitled.
PROCEDURE REGARDING PAYMENT OF MATERNITY BENEFIT
According to section 47 of the Bangladesh Labor Act, states that—
(1) Any pregnant woman who is entitled to maternity benefit under this Act may on any day give notice either orally in person or in writing to the employer that she expects to deliver a child with eight weeks of the notice and such notice shall include the name of the nominee of the benefits in case she dies during delivery.
(2) If no such notice is given by the woman and she has delivered a child, she shall, within seven days of the delivery, give notice to the employer that she has given birth to a child.
(3) When such notice under sub-section (1) or (2) is received by the employer, he shall permit the woman to be absent herself from work for eight weeks
a). from the day following the date of notice under subsection (1);
b). from the day of delivery in the case of notice under subsection (2)
(4) An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desires, namely-
Or eight weeks within three working days of the production of a certificate signed by a medical practitioner stating that the woman is expected to be confined within eight weeks of the date of certificate and for the remainder of the period for which she is entitled to maternity benefit within three working days of the production of the Proof that she has given birth to a child.
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
For the hole of said period, within three working days of the production of proof that she has given birth to a 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 if proof under this sub-section that she has given birth to a child, unless such Proof is produced within three months of the day of delivery.
(5) The proof is required to be produced under sub-section (4) shall be either a certified extract from a birth register under the Birth and Deaths Registration Act 2004 (Act no. 29 of 2004) or certified from a registered practitioner or any other proof acceptable to the employer.
AMOUNT OF MATERNITY BENEFIT
Section 48 of the Bangladesh Labor Act states that-
(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, shall be calculated in the manner laid down in sub-section (2); and 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, calculated by dividing the total wages earned by the women during the three months immediately proceeding the date on which she gives notice under this Act by the number of days she actually worked during the period.
PAYMENT OF MATERNITY BENEFIT IN CASE OF THE DEATH OF A WOMAN
According to section 49 of the Bangladesh Labor Act,
(1) If a woman entitled to maternity benefit under this Act dies on the day of her delivery or during the period of eight weeks thereafter in respect of which she is entitled to the maternity benefit, the liability of the employer under this Act shall not, by reason of her death, be discharged, and he shall pay the amount 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, the person nominated by her under this Act, if there is no nominated person, to her legal representative.
(2) If a woman dies during the period in respect of which she is entitled to maternity benefit, but before giving birth t a child, the employer shall be liable to pay maternity benefit of the period which she was entitled up to the date of her death but if the benefit already given is more than the amount she is entitled to, yet such additional amount cannot be taken back and any amount due at the death of the woman shall be paid to the person nominated by her under this Act, or if she has made no such nomination t her legal representative.
PROHIBITION OF DISMISSAL OF WOMAN IN CERTAIN CASES
Section 50 of the Bangladesh Labor Act, states that— if the employer gives notice or order of dismissal, discharge, or removal to a woman without sufficient cause within a period of six months before her delivery and eight weeks after delivery, she will not be deprived of the maternity benefit to which but for such notice she may have become entitled under this Act.
Based on this Law we have chosen or observed a particular organization named PRAN-RFL group, Dhaka Bangladesh.