Prohibition of Employment during Maternity

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

 

Prohibition of Employment during Maternity-

Tanmoy Mukherji

Advocate

Section 4, Maternity Benefit Act, 1961

1.Object of Prohibition-

The provision is mandatory, absolute, and welfare-oriented.

2. Statutory Provisions under Section 4-

(A) Prohibition of Work before Delivery-

→No woman shall work in any establishment during the six weeks immediately preceding the expected date of delivery.

→Even if the woman volunteers or consents, employment is legally barred.

Purpose: To ensure adequate rest and medical care before childbirth.

(B) Prohibition of Work after Delivery-

→No woman shall be employed during the six weeks immediately following the day of delivery.

Purpose-

(C) Prohibition of Arduous, Hazardous, or Standing Work-

An employer shall not require a pregnant woman to perform work which:

→Is arduous in nature

→Requires long hours of standing

This restriction applies:

→During pregnancy

→During one month immediately preceding the six-week pre-delivery period

3. Nature of the Prohibition-

→Statutory and compulsory

→Based on public health and social welfare

4. Employer’s Legal Duty-

The employer must:

→Ensure that no woman is engaged during prohibited periods

→Modify work conditions if necessary

→Provide maternity benefits without compelling work

→Maintain records showing compliance

→Failure constitutes a punishable offence.

5. Consequences of Violation-

If an employer violates Section 4:

→He commits an offence under the Act

Liable for:

→Prosecution

→Fine and particulars under Section 21

Inspector may:

→Direct compliance

→Initiate legal action

6. Judicial Interpretation-

7. Constitutional and Human Rights Perspective-

Article 42 – Maternity relief

Article 21 – Right to life and health

Article 15(3) – Special protection for women

Court’s view prohibition during maternity as a positive discrimination measure.

8. Relationship with Maternity Benefits-

→Prohibition of employment does not affect wage entitlement

→Woman continues to receive full maternity benefit

Prevents employer from:

→Avoiding payment

→Forcing work to escape liability

9. Importance in Labour Welfare Jurisprudence-

→Recognises pregnancy as a social function, not a personal inconvenience

→Prevents exploitation of economically vulnerable women

→Promotes safe motherhood and child welfare.

The prohibition of employment during maternity under Section 4 of the Maternity Benefit Act is an absolute and mandatory safeguard designed to protect the health, dignity, and reproductive rights of working women. Judicial interpretation and constitutional principles reinforce that no woman can be compelled or permitted to work during vulnerable maternity periods, and any violation attracts penal liability.