A STUDY ON MATERNITY BENEFIT AND ITS EFFECTIVENESS IN CONSTRUCTION INDUSTRY

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1 International Journal of Civil Engineering and Technology (IJCIET) Volume 8, Issue 10, October 2017, pp , Article ID: IJCIET_08_10_014 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed A STUDY ON MATERNITY BENEFIT AND ITS EFFECTIVENESS IN CONSTRUCTION INDUSTRY G. Gopalakrishnan Research Scholar in Management Studies, Bharath University, Chennai, India Dr. G. Brindha., MBA, PhD Research Supervisor, Professor & Head, Depart of Management Studies, Dr. MGR Educational & Research Institute, University. Chennai, India ABSTRACT Around 10 crore women employees i.e. 90% of the women employees are employed in unorganized sector. Unorganized sector includes Agriculture, Seasonal workers, Domestic workers, Construction workers etc. Law Commission of India, in 2015 recommended that the provisions of Maternity Benefit Act, 1961 should cover women workers working in organized as well as unorganized sector, but the government is yet to think over extending the maternity benefit scheme to women in unorganized sector. Presently, the only benefit available to the workers in unorganized sector is Pradhan Mantri Matriva Vandhana Yojana (PMMVY) where they get Conditional Cash Transfer (CCT) of Rs. 6000/- in two installments (Rs. 3000/ each) on fulfilling the conditions. When survey was conducted, it was proved that the reach of PMMVY is very poor, hardly anyone got the benefit. Through Maternity Benefit (Amendment) Act 2017, the labour ministry enhanced the benefit to employees, employed in certain establishments, this may benefit only 1.8 million women employees, but ministry disregards the women employees of unorganized sector. Is it not discrimination? Is it fair to leave this lot out from the ambit of the new law? Key words: Construction workers, unorganized worker welfare, Maternity Benefit in informal sector, Maternity benefit (Amendment) Act. Cite this Article: G. Gopalakrishnan and Dr. G. Brindha, A Study on Maternity Benefit and its Effectiveness in Construction Industry. International Journal of Civil Engineering and Technology, 8(10), 2017, pp INTRODUCTION Maneka Gandhi, Union Minister, Women and Child Development, said, I don t know how to apply it in the unorganised sector. They are all on daily wages, they are not employed longterm. If they don t want to work, they don t work. For instance, a lot of them go home during Diwali, their work stops and then some of them come back and some of them do not come editor@iaeme.com

2 G. Gopalakrishnan and Dr. G. Brindha back. Hence, there is a huge unorganised, poor sector, but I don t know how to deal with it. The truth of the matter is it doesn t come under me. The labour ministry will now have to do some thought on how to bring the unorganised sector in. According to a report by Right to Food Campaign, and sample Survey conducted in 2013, in India 29.7 million women are getting pregnant each year, 44,000 women die while giving birth, million children below the age of one die and an estimated 747,000 new-borns die within first four weeks of birth. The majority are from rural area or child born to women working in an unorganised sector. Women employed in organised sector gets better benefits either though ESI or maternity benefit act. Dr Vandana Prasad, National Convener, Public Health Resource Network, said, There is an issue of inequality. If you look at the government sector, a person working in the government gets maternity benefits, she gets childcare leave for 2 years. Whereas, women working in informal organisation don t get any such benefit, even the government is ignorant of them. In India most women are waged workers or do contractual work and face hugely exploitative work conditions. They are not even recognised under the ambit of labour laws. The study conducted in shows that despite the maternity Act in place, the poor and illiterate women working in unorganised sectors are ignorant and fail to avail any benefits of the Indira Gandhi Matritva Sahyog Yojna (IGMSY-Maternity support scheme) or Janani Suraksha Yojana. The study conducted across 45 villages in four states Bengal, Odisha, Jharkhand and Uttar Pradesh, by NGO National Alliance on Maternal Health and Human Rights explored the increased vulnerability of women during maternity in terms of loss of work, health, income access to food and physical rest. The study finds that since all these women are staying away from work during pregnancy, they are risking loss of income. Their labour is arduous, and the dual responsibility of managing work and home which is resumed shortly after delivery worsens the situation, said Jashodhara Dasgupta, coordinator at Sahayog, NGO. Women and Child Development minister, Mr. Krishna Tirath who was speaking at National Consultation on Maternity Benefit Act 1961 in Delhi said, The Maternity Benefit Act 1961 has failed to help this large section of women. The Act regulates the employment of women for certain period before and after child-birth and is aimed at protection of their rights. We have to work towards its effective implementation the women in the disorganised sector can also be covered. 2. REVIEW OF LITERATURE Anwarul Hoda, Durgesh K Rai (2017), Working paper on Labour Regulations in India: the study reveals that the workers in organised sector get all welfare benefit, including maternity. Whereas, workers employed in unorganised sector fraught with uncertainty of job and benefit. The study proposed that the government should work towards enhancing social security incrementally in unorganised sector. The study suggested that as a first step, the government should provide for the working women who have to forgo their earning during the period of maternity. Bharat B Das, Women workers in the unorganised sector: Labour laws do not offer protection and welfare to the workers employed in unorganised 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 editor@iaeme.com

3 A Study on Maternity Benefit and its Effectiveness in Construction Industry Comprehensive Social Security for the Indian Unorganised sector: Approximately 85% of the Indian workforce is categorised as unorganised 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. Dr. G Rajendran (2015) : The study concluded that organised effort is necessary for the welfare of unorganised workers. The workers in unorganised sector are more vulnerable and deprived of social security and need protection, social security and assistance. 3. RULES ON MATERNITY BENEFIT IN INDIA Table 1 Act / Rule Coverage Benefit MB Act, 1961 Factory, mines, Plantation, Shops & 26 weeks Establishment, other establishment notified by government ESI Act 1948 Factories, establishment notified by government 26 weeks All India Service Rule, 1955 IAS, IPS, IES, IFS, Medical & Health 24 weeks * service Central civil service Central govt employees, railway 180 days * Working journalist act, 1957 Press & media 12 weeks BOCC Act, 1996 Construction 6000/- Unorganized workers social security act, 2008 Unorganized sector JSY, 6000/- * additionally, 730 days of child care leave is given (paid) benefit is available only when the worker is permanent and registered in TNCWWB From the above table, one can find that different rule is applicable for different set of employees; there is no uniformity of rule within the country. More importantly, more than 90% of the employees employed in unorganized sector are either inadequately compensated or just ignored on maternity benefit. 4. VARIOUS SCHEMES ON MATERNITY BENEFIT Maternity Benefit (Amendment) Act, 2017 : 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). Employee State Insurance Act, 1948 : The act provides 6 benefits, maternity benefit is one among the 6 benefits. It provides for periodical payment to insured women in case of confinement and miscarriage or sickness arising out of pregnancy. Act also prohibits employer from dismissing, discharging or punishing employees during the pregnancy period when she is absent from work. Central Civil Services (Rules) 1972 : The rule provides for 180 days of paid maternity leave to all government servants 9including an apprentice) with the first two surviving children and 45 days of leave from third child onwards. On recommendation of 6 th central pay commission, editor@iaeme.com

4 G. Gopalakrishnan and Dr. G. Brindha the government also agreed to grant 2 years of child care leave during their entire service career. National Maternity Benefit Scheme (NMBS) : the scheme was introduced in year 2001 to provide nutritional support to the pregnant women who are Below Poverty Line (BPL). A onetime payment of Rs. 500/- was given 8 to 12 weeks before the expected date of delivery. Later the scheme was merged with Janani Suraksha Yojana (JSY) when the JSY was launched in Janani Suraksha Yojana (JSY) : the scheme was launched in 2005 with the aim of promoting institutional deliveries. As per scheme the women receive cash assistance when they deliver baby in government primary health center are government recognized private hospitals. In case of delivery in rural areas, cash of Rs. 1400/- and in urban areas Rs. 1000/- was given to meet out the cost of delivery. Indira Gandhi Matriva Sahyog Yojana (IGMSY): Implemented on pilot basis in 53 selected districts through the platform of Integrated Child Development Services (ICDS), the focal point of implementation will be Anganwadi Center (AWC) at villages. Under this scheme an amount of Rs. 4000/- would be given to pregnant women in 3 installment and incentive under Janani Suraksha Yojana. Later in 2013, the scheme was brought under National food Security Act, 2013 and cash benefit of Rs. 6000/- was given. Pradhan Mantri Matriva Vandana Yojana (PMMVY) : The scheme was previously known as IGMSY, the scheme got re-cherished when it was reset to cover entire nation in According to the scheme, an amount or Rs. 6000/- will be transferred to the account of mother. An amount of Rs. 3000/- will be transferred as first installment at the time of birth and the second installment of Rs. 3000/- will be transferred between 6-10 weeks after child s birth. Above said amounts were transferred on conditional basis like registering of birth, giving Oral Polio Vaccination, BCG etc. 5. NEED FOR THE STUDY Worker plays an important role in any industry. Without the cooperation of the worker, it is not possible to increase the productivity and get higher profit. Goal of any organisation is achieved only when worker cooperates whole heartedly. Worker s cooperation is possible only when he is fully satisfied with his employer, working condition. Other benefit like Water, Canteen, restroom Creche are short termed and does not affect the worker, but Maternity is the one which keeps the women away from work for long and time, 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 workers. With this background a study has been undertaken on welfare benefits, the worker enjoys in construction industry. 6. OBJECTIVE OF THE STUDY The main objective of the study is to probe into various schemes available on maternity benefit, workers awareness of available facilities and whether they are benefitted or not. 7. SCOPE OF THE STUDY The study on Maternity Benefit and its effectiveness in Construction Industry will 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 editor@iaeme.com

5 A Study on Maternity Benefit and its Effectiveness in Construction Industry 8. LIMITATIONS OF THE STUDY The primary data collected is limited to only 78 workers The construction sites covered are medium and small sized construction sites The primary data is collected from men as well as women (husband and wife are working) The information received may not be accurate because most of the workers are from northern India and they are not aware of their statutory rights 9. DATA COLLECTION AND INTERPRETATION Ample time was spent on internet to collect secondary data about the maternity benefits available to the women workers working in construction industries. Primary data was collected by circulating questionnaire to the workers involved in construction work and faceto-face interview was conducted to collect first-hand information 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 85 male and female workers, majority are female workers. The researcher himself undertook the task of data collection. Since the workers are hardly educated and most of them are from Northern States like Bihar, Odisha, and Kolkata, 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. Table 2 No Question YES NO 1 Are you a permanent worker? (working more than 6 months with this 21.2% 78.8% employer) 2 Are you aware of your industry? 27.1% 72.9% 3 Are aware of your legal rights as a worker? 18.8% 81.2% 4 Do you have trade union? % 5 Do you know about maternity benefit? 14.1% 85.9% 6 Are you aware of maternity benefit schemes? 9.4% 90.6% 7 Did you ever got maternity benefit when you delivered a child? % 8 Are you member of TN Construction Workers Welfare Board % 9 Do you have crèche facility % 10 Did you get any cash benefit when you delivered a child? % 10. FINDINGS From the above table it is 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 72% of the workers do not know about their industry type and statutory benefits available to them. In other words they do not have any trade union to educate them and fight for their legal rights. Around 86% 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 editor@iaeme.com

6 G. Gopalakrishnan and Dr. G. Brindha them are not known and surprisingly none of them got maternity benefit either under JSY or NMBY or PMMVY schemes. None of them are member in Tamil Nadu Construction Workers Welfare Board member; the benefits are available when the workers become member in TNCWWB. 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. SUGGESTION In an affidavit filed by the Tamil Nadu government in Apex court, the government claimed that Tamil Nadu is the pioneering state in providing grassroots welfare assistance to the construction workers. Under the state welfare board, the government extended benefits like Accident relief, Funeral assistance, marriage assistance, maternity assistance, educational assistance, natural death assistance etc. But the act requires the worker to become member and pay subscription. Under the, the worker become eligible only when he is employed for more than 90 days in the preceding year, when he becomes unemployed for more than 90 days in preceding year, he loses the membership and becomes ineligible to get benefits under the act. Other statutory benefit available to the workers in unorganised sector, construction workers in particular, is very less. Government should ensure uniform applicability of all laws. In a press meeting held in New Delhi, on 5 th Oct 2017, the International Trade Union Confederation (ITUC) the General Secretary Mr. Sharan Burrow called on the government to accept 12 points Charter of Demands (CoD), which includes universal Social Security coverage for all employees, including unorganised sector, guaranteed enhanced pension provision for the entire worker class, strict enforcement of all legislation universally to all employees etc. 12. CONCLUSIONS To conclude the study, more than 85% of the workers are employed in unorganised sector but neither statutory nor voluntary welfare benefits are extended to them. Primary acts like BOCC requires the worker to be employed minimum 90 days in preceding year to become a member and get benefits. Universal implementation of labour laws by the government, through labour officers, will ensure that the benefit reaches al the workers irrespective of formal or informal sector. Since the unorganised industry is volatile, trade unions through their continuous effort should ensure that the workers are getting their legible rights REFERENCES [1] Maternity-benefits-amendment-bill-2016/articleshow/ cms [2] The Maternity Benefit Act, 191 & the Maternity Benefit (Amendment) Act, 2017 [3] ILO Convention No. 183 (convened on 30 th May 2000), article 4 [4] [5] [6] [7] The All India Services (Leave) Rules, 1955 [8] Central Civil Services (Leave) Rules, 1972 [9] editor@iaeme.com

7 A Study on Maternity Benefit and its Effectiveness in Construction Industry [10] /publications/ maternity-paternity-at-work-2014/lang--en/index.htm [11] Dr. Diptirekha Mohapatra (2015) : Female Workers in the Unorganized Sector in India [12] Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, [13] Supply and Distribution) Act, 1992 Infant Milk Substitute (Amendment) Act, 2003 [14] Handbook on Tamil Nadu Construction Workers Welfare Board [15] Indira Gandhi Matritva Sahyog Yojana: 2011 Guidelines and 2013 notification, Ministry of Women and Child Development [16] Pradhan Mantri Matriva Vandana Yojana (PMMVY), 2017 [17] [18] [19] Anwarul Hoda, Durgesh K Rai (2017), Working paper on Labour Regulations in India [20] Mr.S. Pradeep Saravanan, Improving Safety Performance in Construction Industry, International Journal of Civil Engineering and Technology, 8(8), 2017, pp [21] Dr. Ipseeta Satpathy, D.Litt, Dr. B.C.M.Patnaik, Mitu Agarwal. An Introspection Into Awareness Of Maternity Benefit Act 1961 In Semi-Urban Area. International Journal of Management, 5 (9), 2014, pp [22] L. Saikala, Dr. A. Selvarani, A Study On Work Stress Am Ong Architects And Construction Professionals In Indian Construction Industry. International Journal of Management, 6 (1), 2015, pp editor@iaeme.com