Maternity Benefit for Women worker in Bangladesh Background & Justification of the study: This report will be prepared as a requirement of Post Graduate Diploma in Personnel Management (PGDPM) Course at Bangladesh Institute of Management. The primary goal of the report is to implement the theoretical knowledge to the real life scenario with an attachment to any organization. Bangladesh is a developing country in south Asian region with 130 million of people. According to Labour Force Survey 2006 of the Bangladesh bureau of statistics (BBS), the total estimated civilian labour forces of the country is 60.3 million and among them 37.81% are female. Women are increasingly entering into job market mainly in readymade ferments and allied sect sector or,, tea tea gard garden en,, NGOs NGOs,, healt health h care care serv servic ices es,, food food proce process ssin ing g indus industr try y, expo export rt processing zone, services sectors and commercial enterprises and informal sector i.e. construction, agriculture etc. In Bangladesh the root of social security system and laws are based upon rules and regulation introduced by the British colonial regime. There is no specific national policy at present on safety – net issue and very little discussion took place in society on this regard. One of the important safety-net issue for all working women is maternity benefit right. But, in Bangladesh the majority of the women worker are deprived from this right for various reason such as the,
weakness of relevant rule/acts,
lack of enforcement,
negative attitude of the employers to violet the rules/acts,
lack of awareness among women workers about this special right,
week role of trade unions to deal d eal the issue,
Lack of seriousness from the part of the government on implementation and monitoring of relevant laws at workplace level.
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The condition of maternity benefits rights of women workers is very much low in leading women worker intensive sectors such as the garments, private shops/establishments and services sectors. The concerned employers are not properly aware on impact of violating this basic right of women workers and the trade union organizations at different levels not giving priority the the issu issuee in their their regu regula larr activ activit itie iess for for disc discus ussi sion on and and acti action. on. Diff Differ eren entt women women organizations working for the rights empowerment of women are not vocal on maternity benefits rights of working women and media are also not much active to address the issue. The following study will create an opportunity to obtain a clear picture on this issue and help to develop a clear trade union policy and by trade union and civil society groups on this issue in Maternity protection rights for workers.
Objective of the study: Broad Objective:
To review review the matern maternity ity protec protectio tion n laws laws for all women women worker workerss conside considerin ring g present Bangladesh situation.
To review review the legal legal instru instrumen ments ts and implem implement entati ation on statu statuss and weaknes weaknesss of maternity protection for all women workers and find out the impediments towards its effective implementation and recent developments status in garments sector. sector.
To assess the wage determine and payment procedure laws in garments sectors.
To find out the joint action among the stakeholders (Trade union leaders, NGOs, Workers, Employers association and an d Government).
To formulate necessary recommendations and Trade union policy to ensure the maternity protection for all women workers.
Specific Objective
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The specific objectives of this report are:
Give a brief picture of conditions of service and employment of the workers of MBM Garments Ltd.
Give a brief picture of maternity benefits provided to the workers
Prohibition of woman workers prohibited in certain cases
Right to, and liability for, for, payment of maternity benefit
Procedure regarding payment of maternity benefit
Amount of maternity benefit
Payment of maternity benefit in case of the death of a woman
Methodology: I)
Literature re review (P (Part -A -A): The Bangladesh Labour Code, 2006 Chapter - 4 Maternity Welfare Facilities
Section: 45. Prohibi Section: Prohibition tion of woman woman workers workers prohibited prohibited in cert certain ain cases cases .- (1) No employer employer shall knowingly knowingly employ a woman in his establishment establishment during the eight weeks immediately following the day of her delivery .
(2) No woman shall work in any establishment during the eight weeks immediately following the day of her delivery. delivery. (3) No employer shall employ a woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her(a) if she has reason reason to believe believe or if she has informe informed d him that she is likely likely to ne delivered of a child within ten weeks;
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(b) if she has to the knowledge of the employer employer been delivered delivered of a child within within the preceding ten weeks;
Provided that in the case of a tea plantation worker she may undertake light work in the plantation for so long as the medical practitioner of the concerned tea plantation certifies that she is physically fit to do so; and for the days that she does such work, she shall be paid at the prevailing rate of wages for such work, and such wages shall be paid to her in addition to the maternity benefit.
Section: 46.Right to, and liability for, payment of maternity benefit- (1) Every woman employed in an 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 expected day of her delivery and eight weeks immediately following the day of her delivery;
Provided that a woman shall not be entitled to such maternity benefit unless she has worked with the employer for not less than six months immediately preceding the day of her delivery. (2) No woman shall be entitled to such benefit if she has, at the time of delivery, two or more surviving children, but in that case she shall be entitled to any leave to which she is otherwise entitled. Section: 47. Procedure regarding payment of maternity benefit- (1) Any pregnant woman entitled to maternity benefit under this code may, on any day, give notice either orally in person or in writing to her employer that she expects to be confined within eight weeks of the notice and such notice shall nominate a person for the purpose of receiving payment of the benefit in case of her death.
(2) (2) If no such such notice notice is give given n by the woma woman, n, she she shal shall, l, withi within n seve seven n days days of her delivery, give notice to the employer that she has given birth to a child. (3) When a notice referred referred to in sub-sectio sub-section n (1) or (2) is received, the employer employer shall shall permit the woman to absent herself for work(a) from the day following the date of notice in case of notice under subsection (1);
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(b) from the day of delivery in case case of notice under subsecti subsection on (2), until eight weeks after the da y of delivery. delivery. (4) An employer employer shall pay maternity maternity benefit benefit to a woman entitled entitled thereto thereto in such one of the following ways as the women desires, namely(a) for eight weeks within three working days of the production of a certificate signed signed by a registered registered medical practitioner practitioner stating stating that the woman is expected expected to be confined within eight week 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; or (c) for the said said period period up to and includi including ng the day of delive delivery ry within within three three working days of the production of proof that she has given birth to a child and and for for the the rema remain inder der of the the said said peri period, od, withi within n eight eight week weekss of the the production of such proof; or (d) (d) for for the the whol wholee of the the said said peri period od,, with within in thre threee work workin ing g day days of the the production of proof that she has given birth to child; Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of this depends upon the production of 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 her delivery.
(5) The proof required required to be produced under under sub-section sub-section (4) shall shall be either a certified certified extract from a birth register under the Birth and Deaths Registration Act 2004 (Act No. 19 of 2004) or certificate from a registered medical practitioner or any other proof acceptable to the employer. Section: 48. Amount of maternity benefit .- (1) The maternity benefit which is payable under this code shall be payable at the rate of daily, weekly or monthly average wages as the case may be, calculated in the manner laid down the sub- section (2), and payment 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 woman during the three months immediately preceding the date on which she gives notice under this chapter by the number of days she actually worked during the period.
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Section: 49. Payment of maternity benefit in case of the death of a woman- (1) if a woman entitled to maternity benefit under this chapter 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 chapter shall not, by reason of her death, be discharged, and he shall pay the amount of maternity benefit due, if the newly born child survives her, to the person who undertake the care of the child and, a nd, if the child does not survive her, the person by the nominated by her under the chapter or, she has not made so nomination, to her legal representative.
(2) If woman dies during the period of respect of which she is entitled to maternity benefit, but before giving birth to a child, the employer shall be liable only for the period up to and including the date of her death, provided that any sum already paid to her in excess of such liability shall not be recovered and any amount due at the death of the woman shall be paid to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative. Section: 50. Prohibition of dismissal of woman in certain cases- 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, she will not be deprived of the maternity benefit to which but for such notice she may have become entitled under this code.
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II)
Literature review (Part – B): Study of changes in provisions regarding maternity benefit in New Labour Law, Law, 2006 and Maternity Benefits Act, 1939:
Comparison Point 1) Maternity Leave
Provisions of the new Provisions of the Changes in present labour code previous labour laws law In section 46 of the new Section 3 of the The new law increases labour law 2006 Mate Matern rnit ity y Benef Benefit itss the maternity leaves to pro provi visi sions ons have have been been Act, Act, 1939 1939 provi provides des sixt ixteen een week weekss from creat created ed for for mate matern rnit ity y maternity leave of 12 twelve weeks and leav leavee of 16 week weekss (8 weeks (6 weeks decreas decreases es the durati duration on weeks before and 8 bef befor oree and and 6 weeks weeks of the qualifying weeks after the after the delivery). service period-for delive delivery ry). ). But the law availing the benefit – to also makes a provision six six mont months hs from from nine nine that no worker shall be months. entitl entitled ed to receiv receivee the Also, no maternity benefi benefitt unless unless she has benefit shall be payable served under the owner to any women of at the for a minim minimum um period period time of he r of six months prior to conf confin inem emen entt she she has has the notice of the two or more surviving probability of the children. delivery. 2) Procedure of Three options are open Previously the Changes have been payment of the to the the moth mother erss as per per procedure was guided made made in favo favorr of the the maternity secti section on 47 of the the new new by the Maternity manag anagem emen ent, t, as the benefit labour law: Benef Benefit itss Act. Act. 1939. 1939. management is 1. The owner shall Section 5 of the requi quired to pay the pa y the total aforesaid Act ben benef efit it with within in thre threee ben benef efit itss pay payable able provided morework workin ing g days. days. As per for the preceding 8 stri string ngen entt pay payment ment the earlie earlierr law, law, it was weeks within 3 pro proce cedu dure re as ther theree binding upon the days from the was the provision of management to pay the subm submis issi sion on of the the pay payme ment nt with within in 48 benefit within 48 hours cert certif ific icat atee of the the hours after the only. probability of certifi certificat catee from from any delivery (child physician was birth) by a subm submit itte ted, d, whet whether her Registered ther theree remai emains ns any any Physician Physician and shall working day or not. pay the remain remaining ing amount amount after after three three
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3) Amount of the maternity benefit
work workiing day days of the the subm submis issi sion on of the proof-ofdelivery. 2. The owner shall pay pay the the bene benefi fits ts paya ayable for the preceding 8 weeks incl includ udin ing g the the day of the delivery within 3 days from the the subm submis issi sion on of the proof of deli delive very ry and and pay pay the remaining within the next eight eight weeks weeks afte after r the proof of delivery is submitted. 3. The owner shall pay all the benefits pay payab able le with within in 3 days from the subm submis issi sion on of the the proof proof-- of-del of-delive ivery ry to the owner. As per section 48 of the new labour code there there is a prov proviision sion of the the pay payme ment nt in terms erms of daily, weekly or monthly, as and where appl applic icab ablle, aver averag agee wages. The section also provi provides des the formul formulae ae of the calculation of the aforesaid average wages as follows:
No No chang changes es has has been been made.
Daily Daily Average verage Wages ages Or Weekly Average Wages Or Monthly Average Wages = The total amount 8
received by the worker duri during ng the the imme immedi diat atee preceding three months / Total otal actual actual workin working g days during that period. 4) Benefits in case of the death of the mother
As per section 49, The per perso son n nomi nomina nate ted d by the mother who died, or in the cas case wher wheree no such person is nomi nomina nate ted, d, her her lega legall representat representative, ive, shall be entitl entitled ed to receiv receivee the ben benefi efits ts as descr describ ibed ed above.
No No chan change ge has has been been made.
Activity schedule for preparation of the term paper: 9
The research topic of this study is a complex and large in nature. Therefore for easy conduct of this research, a specific scheduling has been developed. For smooth conduct of the study, study, the major activities considered have been be en projected in the following way:
•
Basic study
: 03 days
•
Proposal approval
: 05 days
•
Data collection and analysis
: 12 days
•
Compilation of data
: 06 days
•
Final report preparation
: 04 days
Field Survey / Interview on work place: Company Profile: Export orient oriented ed garmen garments ts manufa manufactu cturin ring g unit, unit, MBM Garments Limited Limited is a 100% Export located in heart of Dhaka city, at Mirpur, Bangladesh. It is a private limited company owned by Mr. Mahmudur Rahman . The company that was established in 1983 , with a mere 150 personnel. Today has a workforce of over 2200. Equipped in doing all kinds of woven products for both EU market & US for last 20 years , MBM is proud of its contribution in being amongst the key player in Bangladesh Apparel industry. Its vast experience of working with renowned client base such as Levi's, JCPenny & H&M has given MBM the edge in not only producing on-time quality apparels, apparels, but also producing producing then under fully socially/legally compliant unites. un ites.
Questionnaire for female workers 10
Organization Address
: MBM Garments Ltd. : Building # M-19, M-14 Mirpur-14 Dhaka.
Nam Namee of the the wor worker ker
:
Designation
:
Date of Joining
:
1. Have you get any letter of appointment?
Yes
No
2. Is there any service book in this factory?
Yes
No
3. Is there any mention of maternity benefit in the service book? 4. Are you married?
Yes
Yes
No
Yes
No
Yes
No
No
5. How many children you have? 6. Did Did you you enj enjoy mat materni ernity ty leave eave dur during ing you yourr job job in thi thiss or organi ganiza zattion? ion? 7. How many days did you get g et as maternity leave? 8. Did you get your wages during your leave? 9. Do you know your maternity benefit according to labour law?
10. Does your organization give you you maternity benefit according to labour law? law? Yes Yes No 11. In case of death of a mother, did your organization pay maternity benefit? Yes
No
12. In case of still born child birth, birth, did your organization organization pay maternity benefit? Yes No 13. 13. Does Does your your orga organi niza zati tion on disc discha harrge any any preg pregna nant nt fema female le work worker er??
Yes
No
14. Did you get any assistance assistance from your supervisor/m supervisor/manager anager after pregnancy to relieve relieve you from hard work to less stressed work? Yes No 15. What type of medical documents you had ha d to submit to get your maternity benefit?
Designation of the respondents:
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Designation
No of workers
%
Operator
12
35
Quality Inspector
8
24
Helper (Sewing)
5
15
Helper (Cutting)
2
6
Cleaner
3
9
Packing Helper
4
12
= 34
100
Total
Table 1.1
Findings from the survey: In keeping with the terms of reference of the study, study, information was collected both at the organizational level and the individual level. The relevant data collected from the respondent organizations and individual have been tabulated, analyzed, interpreted and presented in this chapter.
Response of the female workers:
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1. Design Designati ation on of of the the resp responde ondents nts:: Among 34 respondents 35% are operators, ope rators, 24% quality inspectors, 15% sewing helper, 6% cutting helper, 9% cleaner and 12% are packing helper. (Table (Table 1.1) Packing Packing Helper 12%
Cleaner 9%
Operators
Operators 35%
Quality Quality Inspe ctors Sewing Helper
Cutting Helper Helper 6%
Cutting Helper Cleaner Packing Helper
Sewing Helper 15%
QualityInspectors 24%
Chart 1.1 2. Issua Issuance nce of of Appoin Appointme tment nt Lett Letter: er: In response to this question 67% of the responden ts replied affirmative, 33% replied in the negative.
Without Appointment Letter 33% 33% With Appointment Letter Without Appointment Letter With Appointment Letter 67% 67%
Chart 1.2
3. Issu Issuanc ancee of Serv Servic icee Book: Book:
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83.3% of the respondents are of the opinion that they are not aware of the service rule where rest of the respondents said that they did not have any service book. Without Service Book 16.7%
With Service Book Without Service Book
With Service Book 83.3%
Chart 1.3 4. Mate Matern rnit ity y lea leave ve avai availe led: d: Of the total 34 female respondents, 28 are married and 6 are unmarried. un married. 19 of the married respondents were availed maternity leave.
Maternity Leave Not Availed by 9
Maternity Leave Availed Maternity Leave Not Availed Maternity Leave Availed by 19
Chart 1.4
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5. Mate Matern rnit ity y Bene Benefi fit: t: 53% of the respondents said that 3 month basic wage was given as maternity benefit, benefit, where 24% of the respondents respondents said that one month basic wage was given as maternity benefit. On the other hand 23% of the respondents informed that no such benefit was given to them.
No Bene fit, 23%
3 Mont h Basic Wage Wage 3 Month Basic Wage, 53%
1 Month Basic Wage, 24%
Chart 1.5
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1 Mont h Basic Wage Wage No Bene Bene fit
Summery of the major findings and recommendations: Major Findings:
Appointment letters are issued to 67% of the workers. Appointment letter is a very important document to enter into a contract between the two parties which have a multidimensional impact. According to the employers, they find it difficult to issue appointment letters due to high rate of turnover in garments industry.
The respondents are view that maternity leave is provided to the women workers but they are not clear about the benefit package. During discussion, it has been reported that maternity leave is given with 1 to 3 months basic pay.
It has been revealed that, most of the pregnant female workers were not supported by their superior/manager for assigned in a less stressed work. In some cases, female workers were forced to resign from job after conc eived pregnancy.
Conclusions:
Maternity Maternity benefit benefit as specified specified in the law is to be provided to the women workers as per section 45, 46 & 47 of the maternity benefit act, 2006.
Law Law enfo enforc rcin ing g auth author orit ity y shoul should d be made made more more effe effect ctiv ivee to ensu ensure re that that the the pro provi visi sions ons of law law are are being being enfo enforc rced ed in its its true true spir spirit it.. To brin bring g about about the the effectiveness, authority of the directorate may be enhanced.
BIBLIOGRAPHY 16
1. BGME BGMEA A’s Newsl Newslett etter er 2. Journa Journall and repor reports ts of vari various ous news news paper paperss 3. Supple Supplement mentary ary paper paper of of the selec selected ted indus industry try 4. Previ Previous ous report report on some some topics topics 5. Inter nterne nett hel helps ps 6. Bang Bangla lade desh sh Labou Labourr Code Code,, 2006 2006
End of Report
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