Maternity Benefit as per Bangladesh labor Law'2006,calculation of maternity Benefit,entitle for maternity benefit

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Maternity Benefit
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No employer shall knowingly employ a woman and no
woman shall work during the eight weeks immediately
following the day of her delivery.
No employer shall employ any woman for doing any
work likely to adversely affect her health, if:
Maternity Benefit
a) the employer has reason to believe, or if she has informed him, that she is
likely to deliver a child within ten weeks;
b) to the knowledge of the employer, she has delivered a child within the
preceding ten weeks.
Employment of women workers is prohibited during
a certain period after delivery.
Section 45 of BLL’06
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Right to, and liability for, payment of
maternity benefit: Every woman employed in
the establishment shall be entitled to maternity
benefit of 8 weeks preceding the expected day
of her delivery and 8 weeks immediately
following the day of her delivery.
To be entitled to maternity benefit, a woman
needs to work for the employer for at least six
months immediately preceding the day of her
delivery.
Despite working for more than six months a
woman is not entitled to maternity benefit if
she has two or more surviving children.
Maternity Benefit
Entitlement of maternity benefit
Section 46 of BLL’06
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Procedure regarding payment of maternity
benefit: Any pregnant woman entitled to
maternity benefit under this act may, on any day,
give notice either orally or in writing to her
employer that she expects to be confined within
the next eight weeks. She may nominate a person
to receive payment of maternity benefit in case of
her death.
If not given such notice, and she has delivered a
child, she shall give similar notice to her employer
within seven days that she has given birth to a
child.
Maternity Benefit
Payment of maternity benefit (I)
Section 47 of BLL’06
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Amount of maternity benefit:
Under this act, the maternity benefit is payable at the rate of daily, weekly or
monthly average wages, as the case may be, calculated in the manner laid down
in sub-section (2), and such payment shall be made wholly in cash.
For the purpose of sub-section (1) the daily, weekly or monthly average wages, as
the case may be, shall be calculated by dividing the total wages earned by the
woman during the three months immediately preceding the date on which she
gives notice under this Act by the number of days she actually worked during the
period.
Maternity Benefit
Payment of maternity benefit (II) Section 48 (1) of BLL’06
Section 48 (2) of BLL’06
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Example of Ms. Ratna, Asst. Sewing Machine Operator (Grade – 7)
Expected date of delivery : March 25, 2014
Planning to go for Maternity Leave from 27 January, 2014
Month No. of
working
days
Leave Actual
working
days
Salary
earned
(Tk.)
O.T Pay
(Tk.)
Attendance
Bonus (Tk.)
Total
Wages
Earned
(Tk.)
October
2013
24 01 23 3,140 404 2,100 5,644
November
2013
25 -- 25 3,140 -- 200 3,340
December
2013
26 -- 26 5,440 -- 200 5,640
74 14,624
Maternity Benefit
Calculation of maternity benefit (I)
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Total wages earned during the previous three months
---------------------------------------------------------------------------- x 112 days
No. of days she actually worked during those three months
Tk. 14,624 ÷ 74 = Tk. 197.62
Tk111.36 x 112 days = Tk. 22,133.62
Payment of Maternity Benefit for 16 weeks
Maternity Benefit
Calculation of maternity benefit (II)
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Workers‘ Responsibilities
Female workers should
• Inform management at least 08 weeks but preferably 10 weeks before the expected
date of delivery and apply for maternity leave in prescribed form with all
supporting documents
• Submit the delivery certificate to the management after having given birth
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Consequences of no maternity benefit
• Workers are financially affected
• No rest before and after having given birth may affect the health of the mother
and her baby
• Productivity is lower when no rest is taken
• Not granting maternity benefits is a major violation of the law and the factory
risks to loose business with buyers
• Workers may leave to work for a factory where maternity benefit is paid as per
law; it causes higher turnover rate, and factory has to hire new workers‘ who
initially need training
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Thank You
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