International Journal of Advanced Science and Technology

Vol. 29, No. 03, (2020), pp. 6298 - 6311

A Study on Effectiveness and Impact of Maternity Benefit (Amendment)

Act, 2017 on Employment in Unorganized Sector with Reference To
Construction Company (West Nagpur, Maharashtra, India)

Author : Dr. Rajeshri Randive Admane

Assistant professor, RTMNU (Maharashtra, India)

Abstract

Goal of any organization is achieved only when employee cooperates whole heartedly. Employee cooperation is
possible only when he is fully satisfied with his employer. Maternity is the one which keeps the women away
from work for long affecting their earning capacity and also it is related to the child’s health. Therefore, it
becomes mandatory to provide maternity benefit to the women employee. Maternity Benefits should aim to
regulate employment of women employees in certain establishments for certain periods before and after
childbirth and provides for maternity and certain other benefits. This research paper focuses on effectiveness
and impact of Maternity Benefit (Amendment) Act, 2017 on employment in unorganized Sector. Also to find out
awareness among women workers about the legal Provisions related to maternity benefit. A study has been
undertaken on maternity benefit of women worker in Construction Company based on the Primary data and the
data was collected by face-to-face interview to collect first-hand information from women workers which is
more reliable. The questions were framed by focusing only about maternity benefit in mind.

Key words : Benefit, Maternity, Employment, Unorganized, Women

1. INTRODUCTION:

The original act was enacted in 1961 with the aim of regulating the employment of women in certain
establishment for certain period before and after child birth and provide for maternity benefit and other related
benefits. The act is applicable to Factories, mines, Plantation, Circus industry, Shops and Commercial
establishments (excluding employees covered under ESI Scheme). Its challenges relate to coverage, inadequate
provisions and guidelines which could undermine uptake, reinforcing discrimination in employment especially
for poor women. Under the Maternity Benefits Act, 1961 the condition levied is that the female employee
should have served the institution for a minimum period of 80 days in 12 months preceding the date of expected
delivery. The Act provides for 12 weeks of paid leave as maternity leave and 6 weeks in case of miscarriage or
termination of pregnancy. In addition to the provisions for leave and cash benefits, the Act also makes
provisions for matters like light work for pregnant women 10 weeks prior to her delivery, nursing breaks during
daily work till the child attends age of 15 months, etc. Also, the Act has undergone regular amendments with the
recent one being in 2008. Here, the minimum medical bonus in case of inability of employer to provide free
medical care to pregnant women employee was raised from Rs 25 to Rs.1000 extending to Rs. 20000.
The Act serves as a protective umbrella as it restricts termination of service of a pregnant woman employee
except on grounds of misconduct. Moreover, it imposes punishment for a period of minimum three months or
fine extending to Rs. 5000 on the employer, in the event of any failure to provide maternity benefits to female
employees.
The Object of the Act is to protect the dignity of motherhood and the dignity of a new person’s birth by
providing for the full and healthy maintenance of the woman and her child.
Key Amendments Increased Paid Maternity Leave- The Maternity Benefit Amendment Act, 2017 which was
passed by Parliament earlier this year, increased maternity leave for working women from 12 weeks to 26 weeks
for the first two children. The amendment also mandated that establishments with more than 50 employees have
to provide crèche facilities for working mothers, and it allows them to make four visits during working hours to
look after and feed their children in the crèche. Under the Maternity Benefit Amendment Act, this benefit could
be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and
the remaining time can be availed post childbirth. For women who are expecting after having 2 children, the

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duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of
delivery). Maternity leave for adoptive and commissioning mothers - Maternity leave of 12 weeks to be
available to mothers adopting a child below the age of three months from the date of adoption as well as to the
“commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg
to create an embryo planted in any other woman.

Fig.- Ministry of Women and Child Development (WCD)

1.1 PROBLEM OF THE STUDY:

Historically, maternity has been treated as a state of disability in women workers from undertaking any work
during the few weeks immediately preceding and following child birth. With the emergence of the system of
wage labour in the industrial undertakings, many employers tended to terminate the services of the women
workers when they found that maternity interfered with the performance of normal duties by women workers.
Many women workers, therefore, had to go on leave without pay during this period in order to retain their
employment.

Among the problems faced by women in the economic sphere of life discrimination resulting from their
biological role in nature of childbearing is one. To curb such problem and protect the economic rights of women
there is need for maternity benefits for a female employee. To find the reality of unorganized sector also why
women employee are ignored on their rights ? We feel the study is required.

1.2 RATIONAL OF THE STUDY:

Economic dependence of women is what gives rise to their subordination in society today. Hence to remove
such subordination and to lay the foundation of equality women too must be made economically independent
and must take an active role in all sectors of business today. To support such initiative the Government must
provide some conditions which are suitable for the needs of women.
Many others had to bear a heavy strain to keep their efficiency during the periods of pregnancy, which was
injurious to the health of both, the mother and the child. To remove this hardship of the women workers, the
concept of maternity benefit is needed in order to enable the women workers to carry on the social function of
child; bearing and rearing without undue strain on their health and loss of wages. To safeguard working women
and their rights to remain self-reliant and economically independent, maternity benefits are required.

2. REVIEW OF LITERATURE:
Comprehensive Social Security for the Indian Unorganized sector: Approximately 85% of the Indian workforce
is categorised as unorganized sector worker. The National commission on enterprises in Unorganised Sector
(NCEUS) argues that, unorganised sector workforce do not get social protection like employment security, work
security and social security. The government enacted Unorganised Workers Social Security Act (UWSSA),
2008 to provide at least minimum level of social protection that would enable them to endure income and health
related shocks, say out of poverty and ultimately allow them to lead dignified life.

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Dave (2012) 1 attempted to explain the socio-economic conditions of women workers, nature of work, working
conditions, their wages prejudices on ground of gender and other problems faced in working unorganized sector.
She conducted this study on 350 women worker who were involved in construction work, agriculture area and
domestic paid workers. She found in her study that most of the migrated women were working in construction
industry. They are exploited in great extent. They were not paid fairly for doing same work in comparison of
men and for same hours of work. The main causes of their problem were illiteracy and poverty.
Unni (1989)1 inferred by their study that women workers bear more work but still they are most underprivileged
section of the workers. They work for 12 to 14 hours daily but still their work are not counted as economic
activity. Their work is not a part of National Product.
Saran and Sandhewar (1990)1 explained the problem of female worker employed in unorganized sector. Study
disclosed the fact that women workers are facing problem of exploitation, low wages, and long working hour’s
i.e. migrant worker for 14-16 hours and local workers work for 8-10 hours. Some factors such as illiteracy,
socially backward classes and obligations are usual. They were struggling with many problems reprimand,
fraud, menacing, assault and sexual exploitation in unorganized sector.
Sultania (1994)1 carried a micro level on women workers involved as contract laborers They
analyzed the features, description, contracting, reasons of inequality and its impact on women.They found that
women worker are sexually, socially, economically exploited in construction1 industry .The feature of illiteracy,
lower wages, men’s supremacy, long working hours i.e. 10-12 hours per day, absence of medical and leave
benefits were found present.
Bharat B Das, Women workers in the unorganized sector: Labour laws do not offer protection and welfare to the
workers employed in unorganized sector, whatever protection available is inadequate. 92% of the women
workforces are employed in unorganised sector. Women employed in construction industry are mostly
exploited; they are employed on casual basis. Unstable employment and frequent shifting of workplace are the
basic characteristics of construction workers. They are seldom given maternity benefit, though they are
mandatory. Dr. G Rajendran (2015) : The study concluded that organised effort is necessary for the welfare of
unorganised workers. The workers in unorganized sector are more vulnerable and deprived of social security
and need protection, social security and assistance.

3. OBJECTIVES OF THE STUDY:

3.1 To study Effectiveness of Maternity Benefit ( Amendment ) Act, 2017 on unorganized Sector
3.2 To find out awareness among women workers about the various schemes on Maternity Benefit.
3.3 To find out whether the women’s workers in unorganized sector get other welfare facilities.
3.4 To know about the social security and social protection, and assistance provided by employer.
3.5 To study impact of maternity benefit ( Amendment ) act, 2017 on employment
4. HYPOTHESIS OF THE STUDY:

H1: More than 96% of the women employees employed in unorganized sector are just ignored on maternity
benefits
H2: Unawareness among the women employee about the legal Provisions related to maternity benefit.

H3: Absence of effective implementation of legal policies by employer on Maternity benefit.

5. RESEARCH METHODOLOGY :
Area and Nature of the research
The study would be conducted among the married working women of construction sites of west Nagpur area.
(Both public and private sites) A sample of 50 married working women would be selected using convenient
sampling and data collected is a qualitative data. Since the study focuses on the maternity benefit only on
married working women, all the respondent are married, some are with children. Primary data would be
collected through interview and questionnaire method. Both open and closed ended quesentions are use for the
respondent. The study is descriptive in nature and based on secondary data. So secondary sources have been

1
Source :1Volume -1, issue-12, Dec. 2014, www.newmanpublication .com

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used for data collection. In this regard, data is collected and reviewed from various reports, journals, books and
official websites relevant to area of the present enquiry.
RESEARCH DESIGN:
Types of research: Is the non doctrinal empirical research .the study is descriptive in nature Descriptive
method is used to obtain information concerning the current status of the phenomena to describe “what exists”
with respect to condition in a situation.
Sample Design : The target population of the study consist of women respondent of various sites This survey
was done by collecting the data from the respondent .
Sample size: The sample size that was found to be appropriate for the study was 50.
Data collection method : Data would be collected by structured questionnaire presented to the respondent by
doing survey of construction sites of west Nagpur area.
Data collection tools : Interview and questionnaire
Sampling Universe: The Universe of the research is west Nagpur where the study would be conducted.
Time Schedule : The research study conducted on 50 respondent took 45 days to collect the data.
Sampling Technique: The sampling techniques that adopted to conduct the survey was convenient ramdom
sampling and the area of research was concentrated in the one part of the
City. The survey was conducted by visiting different sites like private sites and government sites.
Data Source:
Primary data :surveys, observations, questionnaire and personal interview,
Secondary data: Acts, Internal records of the organization, Reports, Books, Journal, Articles, Websites and
so on.
6. NATURE , ROLE AND PROBLEM FACED BY WOMEN WORKERS IN
UNORGANIZED SECTOR:
6.1 Nature of Unorganized Sector:
a) No restriction on entry and exit.
b) Ownership is in family hands in unorganized sector.
d) It may be legal or illegal.
e) Ignorance of government towards this sector.
f) No record of income.

6.1 ROLE OF WOMEN WORKER

1. In unorganized sector 96 % of women are employed.

2. They are working in very risky and insecure work conditions. They are not benefited with adequate
wage and medical facilities. They are exploited in many ways .There are no proper laws
3. For making their working conditions better and to prevent them from health hazards. Local factors
fixed their wages, working hours (Jenna.N, n .d)
4. Women work for long hours without proper safety and security; they don’t get proper 2overtime for
extra hours and leave. There is no social security for omen workers in unorganized sector.
(National Commission for Enterprises in Unorganized Sector, NCEUS, 2004, para 1.4 g.h.i.)2
The main concerns are highlighted in study 2of commission tour:
a) Lack of concern of government towards women workers b) How women are still unnoticed at all level (Bhatt.
E. 1998)
6.2 Problems and Challenges of Women Workers in Unorganized Sector
1. There is no sustainability of employment of women workers in unorganized sector.
2. They are not getting proper training in unorganized sector.
3. Women belonging to lower caste and communities face more disparity in social terms.
4. They don’t get right to raise their voice and interrupt in financial decision in their own family.
5. Exploitation is the main problem of female workers in unorganized sector.

2
National Commission for Enterprises in Unorganized Sector, NCEUS, 2004, para 1.4 g.h.i.) 2

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6. In unorganized sector women are exempted from maternity benefit and child care facilities.
7. Women workers frequently face discrimination due to gender inequality
8. In unorganized sector women workers do not have benefit of minimum wage act or Factories Act.
6.3 Acts and Programs for Women in Unorganized Sector
Government of India has formulated some act and programs for women workers in unorganized
Sector-
1. Domestic workers and social security Act, 2010: Women and child are more
vulnerable exploitation so government has formulated this act for providing them better
working conditions including registration.
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA):
MGNREGA has played a remarkable role in employment of women workers in
unorganized sector. It has created better working conditions same wage to women and men.
Unorganized sector workers Act 2008: The workers felicitation center (WFC) is
responsible for implementing the act. Under this act , various schemes are
a) Janani Suraksha Yojna
b) National Family Benefit Scheme
c) Rastriya Swasthya Bima Yojna
4. Cooperative intervention: Cooperative provides employment and opportunities
provided to women worker for earning income. Corporative tries to make balance in
Individual need and communing needs by empowering them.
6.4 Benefits Under the Act: Cash Benefits

• Leave with average pay for six weeks before the delivery,
• Leave with average pay for six weeks after the delivery
• A free medical bonus if the employer does not provide free medical care to the women.
• An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy
• Delivery, miscarriage or premature birth, In case of miscarriage, six weeks leave with average pay
from the date of miscarriage.

6.5 Non Cash Benefits/ Privilege:

• Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she
asks for it
• Two nursing breaks in the course of her daily work until the child is 15 months old
• No discharge or dismissal while she is on maternity leave
• No change to her disadvantage in any of the conditions of her employment while on maternity leave
• Pregnant women discharged or dismissed may still claim maternity benefit from the employer.
institution
• Under the Maternity Benefits Act, the condition levied is that the female employee should have served
the for a minimum period of 80 days in 12 months preceding the date of expected delivery. Here, the
minimum medical bonus in case of inability of employer to provide free medical care to pregnant
women employee was raised from Rs 25 to Rs.1000 extending to Rs. 20000.

6.6 Case Laws :Issues Raised Before The Supreme Court With Reference To The Maternity
Benefit Act, 1961 And Judicial Response:
Municipal Corporation of Delhi v. Female Workers:3 (16) In this case Union of Female Workers who were
not on regular rolls, but were treated as temporary workers and employed on Muster roll, claimed that they

[16] (2000) SCC 224.3 , [17] (1977) 4 SCC 384.4

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should also get maternity benefit like regular workers. The court held that the provisions of the Act would
indicate that they are wholly in consonance with the Directive Principles of State Policy, as set out in Article 39
and in other Articles, especially Article 42. A woman employee, at the time of advanced pregnancy cannot be
compelled to undertake hard labour as it would be detrimental to her health and also to the health of the fetus. It
is for this reason that it is provided in the Act that she would be entitled to maternity leave for certain periods
prior to and after delivery.
Shah vs. Presiding Officer, Labour Court, Coimbatore and others4: (17) The question before the Supreme
Court was whether in calculating the maternity benefit for the period covered by Section 5 Sundays being wage
less holiday should be excluded. Issues Raised before the Courts 4with Reference to Maternity Benefit Act,
1961.
The Apex Court in holding that Sundays must also be included, applied the beneficial rule of construction in
favor of the woman worker and observed that the benefit conferred by the Act read in the light of the Article 42
of the Constitution was intended to enable the woman worker not only to subsist but also to make up her
dissipated energy, nurse her child, preserve her efficiency as a worker and maintain the level of her previous
efficiency and output.
During this period she not only work for her living but needs extra income for her medical expenses. In order to
enable the woman worker to subsist during this period and to preserve her health, the law makes a provision for
maternity benefit so that the woman can play has productive and reproductive roles efficiently. Performance of
the biological role of child bearing necessarily involves withdrawal of a woman from the workforce for some
period.

7. IMPACT OF NEW AMENDMENT

New maternity law to cause job losses for women: report

The Maternity (Amendment) Bill, which has increased maternity leave for women in an effort to boost
workforce equality, will deter some companies from hiring women and lead to a loss of about 1.1 to 1.8 million
jobs across 10 sectors in FY19, says a new report.
Women form 48.5% of the population, but their representation in the workplace is only 27%. However, 96% of
working women are employed in the informal sector.
The report also says that large companies (both private & public sector) and medium-sized public-sector
companies seem enthusiastic about the amendment and are likely to even hire more women as the financial and
opportunity cost of replacement is higher than the cost of retention. Small-sized public sector companies, on the
other hand, are positive but may not increase the number of women they hire.

• Also Gender discrimination against women having childbearing age

• Types of burden on the employer
• Women loses their jobs
• Financial burden only on employer: Approximately 40% of the respondents claimed that they will
consider the additional cost of the paid maternity leave while hiring female employees. This means that
66%, that is, two-thirds of all respondents disclose that the maternity benefit law adversely impacts
their hiring against female candidates in some way. A whopping 35% of all respondents also revealed
that they see the impact of the Act as negative on both costs and profitability.

8. LIMITATION OF THE STUDY :

There were certain limitation in under taking this research work .
1. Only limited sample size had been considered for the study and therefore, the conclusion drawn based
on this may not be a reflection of the entire population. The sample size chosen for the questionnaire
was only 50.
2. Some of the respondent was reluctant to give their responses.
3. Some respondent are unaware about the Maternity Benefit Act, so they do not have proper answer.

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4. The selection of people for the questionnaire was done on the basis of convenient sampling so, there
were certain cases in which the people selected did not have any facility so, they could not give any
response.
9. DATA ANALYSIS AND INTERPRETATION.

Maternity Benefit (Amendment) Act, 2017 the act’s extended and different categories of paid maternity leaves
of 26 weeks, crèche provisions, paid work with unpaid care work, two nursing breaks , social protection ,
welfare facility and other banefit . The amendment positively supports adoptive and commissioning mothers,
enhancing its inclusivity, and codifies women’s right to information on maternity entitlements.
We collected the data from construction sites mostly private sites and public sites comes under (NMC). Private
sites include flat schemes, row houses and public sites includes Metro train work, road construction work, now a
day(2019) we found cement road work in Nagpur city.
Primary data was collected by face-to-face interview to collect first-hand information from women workers
which is more reliable. The questions were framed by focusing only about maternity benefit in mind. Since in
unorganized sectors like construction industry no union functioning, we could not meet any union office bearers.
A study was conducted from about 50 female workers.The age group between 21 to 40 and above . Numbers of
children to women workers were one , two or some havinf more than three . economic status of women workers
are low some are below poverty. Income of the women workers are not fixed it is in between 1000-5000 and
above. Working hours are fixed 8 hrs if overtime they paid with one and half or double rate. The researcher
himself undertook the task of data collection. Since the workers are hardly educated and most of them are from
Madhe Pradesh from ( chindwada , Balaghat) and Maharashtra itself from out of city. Due to language barrier,
the questions were explained to them in the language understood by them (Hindi) and their replies were
recorded. Therefore, the primary data collected is more accurate and reliable.

➢ Following photos showing Public and private construction sites(West Nagpur, Maharashtra)

Following images showing Public and private construction sites

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Source : personal observation

Table-1 –Following table shows- Awareness about the maternity benefit Act

Awareness about Maternity benefit No. of Respondent Percentage (%)

Yes 2 4%
No 48 96%
Total 50 100%

source: Personal interview

Interpretation: The women employee on the construction company is totally unaware about what benefit they
are getting under Maternity Act. From the above graph it is found that 4% women workers are aware about the
Act, remaining 96 % women workers unaware.

Table-2 Following table shows- cash benefit before and after delivered a child

Cash Benefit No. of Respondent Percentage (%)

Yes 0 0%
No 50 100%
Total 50 100%

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Source: personal interview

Interpretation: As per the new Amendment there is a provision of cash benefit of average pay of six week for
women workers in unorganized sector. But employee is ignoring to give. From the above graph it shows that
there is no cash benefit is given to pregnant women before and after the delivery.
Table-3 Following table shows - six week leave with average pay in case of miscarriage or premature
birth

Six weeks leaves No. of Respondent Percentage (%)

Yes 0 0%
No 50 100%
Total 50 100%

Source: personal interview

Interpretation:. From the above graph it shows that there is no leaves with average pay in case of miscarriage
or premature birth. All the 50 respondent said they would not get such leaves.

Table-4 Following table shows -Paid maternity leave for 12 weeks (6weeks pre and 6 weeks post expected
date of delivery)
12 weeks leaves No. of Respondent Percentage (%)
Yes 0 0%
No 50 100%
Total 50 100%

Source: Personal interview

Interpretation : As per New

Amendment Maternity Beneifit Act,
2017 the women workers have 26 weeks leaves, 12 before delivery and 12 After delivery but they are unaware
about this and employer also ignoring this. From the above graph it shows that there is no paid maternity leaves
of 12 weeks pre and post delivery.

Table-5 Following table shows two nursing breaks in your daily work until the child is 15 months old.

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2 Nursing brakes No. of Respondent Percentage (%)

Yes 0 0%
No 50 100%
Total 50 100%
Interpretation: Because of the absence of the strict law there no employer is following such rule and therefore
the women workers can’t avail such benefit. From Above graph it is found that no one said they would get 2
nursing brakes.

Table6- following table shows crèche facility on your construction site

Crèche facility No. of Respondent Percentage (%)
Yes 0 0%
No 50 100%
Total 50 100%

source :personal interview

Interpretation :Under the different acts and schemes government make the provision of crèche facility. But
during our study we found there is no such facility is available on construction sites.From the above Graph it is
found that all the 50 women respondent working on public and private sites said there is no crèche facility.
Table-7 Following Table showing : Protection Program- social protection by your employer
Protection Program: Employment security, Work security, Social security
No, of Respondent Employment security Work security Social security
Yes 0 0 4
No 45 46 42
Total 50 50 50

source: personal interview

Analysis and Interpretation : During the study we found there is absence of employment security, work
security, and social security.Graph shows all 50% women workers said there is no employment security, no
work security, while 8% said there is social security, 42 % said no social security.

Table-8 following table showing - other benefit like Medical bonus now it is 6000 Rs. as per National food
security Act 2013), Free medical care, Free Meal

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No, of Respondent Medical Bonus (as per NFS Act 2013) Free Medical care Free Meal
Yes 0 0 0
No 50 50 50
Total 50 50 50

Source:personal interview
Analysis and interpretation : As per National food security Act 2013 Rs. 6000 Medical bonus is given to
pregnant women. Also there is provision of free medical care and free meal for the poor women. From the
above graph it is found that all the 50 respondent are said they would not get any type compensation like
Medical bonus ,free medical care, free meal.

Table-9 shows : Awareness about the various schemes on maternity benefit for women workers
Maternity benefit (Amendment) Act, 2017 ,Employee state insurance Act, 1948, Central civil services (Rules),
1972, Indira Gandhi Matriva sahyog yojna(IGMSY), Janani surskha Yojna, Pradhan Mantri Matriva vandana
yojna (PMMVY)
Acts No. of Respondent Percentage
Yes No 100%
Maternity benefit (Amendment) Act, 2017 0 50 100%
Employee state insurance Act, 1948 0 50 100%
Central civil services (Rules), 1972 0 50 100%
Indira Gandhi Matriva sahyog yojna(IGMSY) 0 50 100%
Janani surskha Yojna 0 50 100%
Pradhan Mantri Matriva vandana yojna (PMMVY) 0 50 100%
Source: personal interview
Analysis and Interpretation : Government has make number of provision of maternity benefit under different
schemes. But the women employee of construction company unaware about all these schemes. From the above
graph it is found that all the 50 respondent do not aware about the Maternity benefit under above schemes.
Table -10 shows- welfare facility

First aid appliances/ Ambulance room/ canteen/ Shelter/ Drinking water/ Latrines/ Urinal

Welfare Facility No. of Respondent Percentage

Yes No 100%
First aid Appliances 36 14 100%
Ambulance room 0 50 100%
Canteen 0 50 100%
Shelter 40 10 100%
Drinking water 50 0 100%
Latrine and Urinals 50 0 100%
Source: personal interview

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INTERPRETATION: From the above graph it is found that 72% respondent said there is facility of first aid
appliances , 14 % said no. 100% people said no ambulance room . In case accident happened Employer
immediately call ambulance. 40% people said there is facility of shelter, 10% people said no facility. For rest of
the welfare facility like drinking water , Latrine and Urinals all the respondent said yes for this facility.

10. FINDINGS OF THE STUDY:

• The New Maternity Benefit law adversely impacts hiring female candidates.
• In unorganized sector there is no strong set of workplace rules in place, this again is a factor that leads
to the lack of women in the active workforce
• During the study we found that worker in construction industry does not work under any employer
permanently. Once the project is completed, they seek of employment where construction is going on.
Moreover, once in 6 month they visit to their families, therefore, working under the same employer or
continuously for a length of period is not possible.
• More than 96 % of the women workers do not know about their industry type and statutory benefits
available to them. In other words they do not have any trade union and welfare board to educate them
and fight for their legal rights.
• Around 96% of the workers do not know about the maternity benefit, they wonder when it was
explained to them about the benefits.
• Various maternity benefit schemes available to them are not known and surprisingly none of them got
maternity benefit either under JSY or NMBY or PMMVY schemes.
• Crèche is term new to them, shockingly, none of the employer provided crèche facility and the children
are playing around the construction site, which is more dangerous

11. TESTING OF THE HYPOTHESIS: The researcher tried to prove following hypothesis:

Hypothesis No. 1

More than 96% of the women employees employed in unorganized sector are either inadequately
compensated or just ignored on maternity benefits:
Under new Maternity Benefit (Amendment) Act, 2017 there are numbers of legal provision for the
women workers working in unorganized sector. These legal provisions are cash benefit, crèche
facility, two nursing breaks, leaves, medical leaves, holidays, Madical bonus , social security, free
medical care. But employer is totally ignoring to give this benefit to women employee in Construction
Company.
----------The above hypothesis has been proved
Hypothesis No. 2
Unawareness among the women employee about the legal provision working in unorganized sector:
Under new Maternity Benefit (Amendment) Act, 2017 there are numbers of legal provisions for the
women workers , these are cash benefit, crèche facility, two nursing breaks, 26 weeks leaves, six
week leaves with average pay, medical leaves, Medical bonus , free medical care. But the women
workers of the unorganized sector are unaware about these benefits and the employer of the
construction company is taking the advantage of this.
----------The above hypothesis has been proved
Hypothesis No. 3
Absence of effective implementation of legal policies by employer on Maternity benefit: Under new
Maternity Benefit (Amendment) Act, 2017 there are numbers of legal provisions for the women
workers , these are cash benefit, crèche facility, two nursing breaks, 26 weeks leaves, six week
leaves with average pay, medical leaves, Madical bonus , free medical care, but because of the absence
of Strict law, action against the employer there is no effective implementation of these rule on
maternity benefit in unorganized sector . Because of the ineffective implementation of legal policies
on Maternity benefit the women employee of the construction company can’t avail these benefit.

ISSN: 2005-4238 IJAST 6309

Copyright ⓒ 2019 SERSC
 International Journal of Advanced Science and Technology
Vol. 29, No. 03, (2020), pp. 6298 - 6311

----------------the above hypothesis has been proved.

12. CONCLUSION:
A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable for, the
payment of maternity benefit which is the amount payable to her at the rate of the average daily wage for the
period of her actual absence. 96 % of women workers are employed in the unorganized sector, in construction
industry, are working in very risky and insecure work conditions. Totally unaware about the maternity benefit,
employer knows the rights of women workers still they are ignoring.
The study concluded that there is no positive effect of Maternity Benefit Amendment ACT, 2017on unorganized
sector, because of no proper implementation of strict laws. Thus organized effort is necessary for the welfare of
women worker. The workers in unorganized sector are more vulnerable and deprived of social security and need
protection, social security and assistance.

13. SUGGESTATIONS:
1. There is need of educating women’s for their rights.
2. here is need to run awareness program about the various schemes of Government on Maternity
Benefit
3. Need of effective implementation of strict Act to empower the women workers.
4. For the betterment of women in unorganized sector, government need to prepare statistical records of
employed women.
14. POSSIBLE CONTRIBUTION OF RESEARCH:
• This research tried to bring in notice to the government about the ground reality of the construction
company. This study is helpful to the government to implement the law strictly. During the research
we aware the women workers on construction sites about the law and government schemes on
maternity benefit. This study is helpful to the women workers to know their rights
• The research study throw light on various maternity benefit schemes available to the workers in
construction industry and will help the workers and management to improve the welfare measures in
order to increase job satisfaction and productivity
• For future work this research study will be very helpful.

ACKNOWLEDGEMENT
This research work is the original research of the Author based on primary data conducted in Nagpur city
(Maharashtra) India . Only the required secondary data is used as per the Maternity Benefit Act. Thanks to
National Commission for Enterprise in Unorganized Sector, Ministry of WCD and other journals.

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ISSN: 2005-4238 IJAST 6310

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 International Journal of Advanced Science and Technology
Vol. 29, No. 03, (2020), pp. 6298 - 6311

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