The Code on Social Security (Gujarat) Rules, 2021 have been framed by the Government of Gujarat in exercise of the powers conferred under the Code on Social Security, 2020. These Rules operationalise and give procedural effect to the provisions of the Code within the State of Gujarat.
The Rules lay down detailed mechanisms for implementation, administration, and enforcement of social security benefits relating to employment injury, medical benefits, sickness, maternity, disablement, dependants’ benefits, gratuity, and other allied matters. They supplement the substantive provisions of the Code by prescribing conditions, forms, timelines, eligibility criteria, and compliance requirements for employers, employees, and authorities.
Applicability
These Rules apply to:
The Rules shall be read in conjunction with the Code on Social Security, 2020 and the Code on Social Security (Central) Rules, 2020.
Compliance Requirements under the Rules in Accordance with the Code
The abstract of the provision under Section 71 of the Chapter VI of the Code and the rules frame there under required to be exhibited under section 71 shall be in Form XII and shall be exhibited in such manner as the Competent Authority may require.
Where an accident on an employer’s premises causes death or serious injury and notice is required by law, the responsible person must, within seven days of the event, send a Form XVI report detailing the circumstances to the competent authority.
Employers must not employ women, and women must not work, in any establishment during the six weeks immediately following their delivery, miscarriage, or medical termination of pregnancy.
No pregnant woman shall be required to do arduous work, long-standing tasks, or any work likely to harm her pregnancy or health during:
(a) The month before the six weeks preceding her expected delivery date.
(b) Any time within these six weeks if she does not take leave under section 62.
Any work of arduous nature shall mean any work which involve or require strenuous effort or is difficult and tiring in nature.
Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day
1) The average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019
2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery
The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery.
1) The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
2) Where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death.
3) Where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the Child.
A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be
In case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.
Every woman entitled to the payment of maternity benefit under this Chapter, shall, notwithstanding the application of Chapter IV (ESIC) to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32
i) The fact that a woman has been confined may also be proved by the production of a certified extract from a birth register maintained under the provisions of any law for the time being in force or a certificate signed by a registered midwife.
ii) The fact that a woman has undergone miscarriage may also be proved by the production of a certificate signed by a registered midwife
iii) The fact of death of a woman or a child may be proved by the production of a certificate to that effect in Form-X from any of the authorities as prescribed or by the production of a certified extract from a death register maintained under the provisions of any law for the time being in force.
A woman entitled to maternity benefit must notify her employer using Form-XI. The employer must then pay the maternity benefit and any other due amount to the woman or, if she dies before receiving it, to her nominated person or, if none, to her legal representative.
1) If there is doubt, employer must deposit maternity benefit with Competent Authority within two months of woman’s death. Employer should obtain a receipt in Form-XI from recipient or Competent Authority
2) In case of a woman who is pregnant, such notice shall state date from which she will be absent from work, not being a date earlier than eight weeks from date of her expected delivery
3) Any woman who has not given notice when she was pregnant may give such notice as soon as possible after her delivery
4) On receipt of notice, employer shall permit such woman to absent herself from establishment during period for which she receives the maternity benefit
5) Employer must pay maternity benefit for period before expected delivery date in advance, upon proof of pregnancy as prescribed. The remaining amount must be paid within 48 hours of proof of childbirth
6) Failure to give notice does not disqualify a woman from receiving benefits if she is otherwise entitled.
Every woman entitled to maternity benefit shall also be entitled to receive from her employer a medical bonus of Rs. 3500/- or such amount as may be notified by the Central Government, if no pre-natal confinement and post-natal care is provided for by the employer free of charge
The medical bonus shall be paid along with the second instalment of the maternity benefit
If a woman entitled to maternity benefit/any amount dies before receiving such amount or where employer is liable for maternity benefit under second proviso to Section 60(3), employer shall pay such benefit/amount to person nominated by woman in notice given and if none, to her legal representative. Such a payment shall be paid within two months of the date of death of the woman entitled to receive such benefit or amount.
In case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. The wages payable u/s 65 shall be paid to the woman entitled to receive such wages within forty-eight hours of production of the certificate in Form-X by her.
In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. The wages payable u/s 65 shall be paid to the woman entitled to receive such wages within forty-eight hours of production of the certificate in Form-X by her.
A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the Central Government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages payable u/s 65 shall be paid to the woman entitled to receive such wages within forty-eight hours of production of the certificate in Form-X by her.
Every woman who returns to work after delivering a child is entitled to two nursing breaks during her daily work, in addition to her regular rest intervals, until the child is fifteen months old. The duration of these breaks will be prescribed by the Central Government.
Each of the two breaks mentioned in section 66 shall be of 15 minutes’ duration. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of journey to and from the crèche or the place where the children are left by women while on duty, provided that such extra period shall not be of less than 5 minutes and more than 15 minutes’ duration. If any dispute arises regarding such extra period, the matter shall be referred to the Competent Authority for decision.
Est. with 50+ employees must provide crèche for use of children under age of 6 years of such women, within specified distance/establishment Women are entitled to 4 daily visits including rest breaks. Options include standalone/shared facilities with govt, municipal, private, NGO, or pooled resources
1) Such crèche shall provide adequate accommodation with lighting, ventilation and shall be maintained in a clean and sanitary condition. The crèche shall be under the charge of women trained in the care of children and infants.
2) Crèche shall be easily accessible to all women employees including a woman employee working from home
3) Employer shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter”
Every establishment to which this Chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter.
When a woman is absent from work under Chapter VI, her employer cannot discharge or dismiss her due to this absence, give notice of discharge or dismissal during this period, or alter her service conditions to her disadvantage.
1) If a woman is discharged or dismissed during pregnancy, she is still entitled to maternity benefits or a medical bonus. However, if dismissed for gross misconduct, the employer can, by written order, deny these benefits
2) Following acts shall constitute gross misconduct for purpose of section 68, namely:—
(a) wilful destruction of employer’s goods or property;
(b) assaulting any superior or co-employee at the place of work;
(c) criminal offence involving moral turpitude resulting in conviction in a court of law;
(d) theft, fraud, or dishonesty in connection with the employer’s business or property; and
(e) wilful non-observance of safety measure or rules on the subject or wilful interference with safety devices or with firefighting equipment.
A woman entitled to maternity benefits will not have any deductions from her normal daily wages due to:
(a) the type of work assigned to her under section 59, or
(b) breaks taken for nursing her child as allowed under section 66.
A woman who works for remuneration during her maternity leave will not be entitled to receive maternity benefits for that period.
Penalty & Punishment
Where no specific penalty provided for contravention of any provisions of the Code/rules/regulations framed thereunder, fine may be imposed which may extend to fifty thousand rupees
Dismissal, discharge, reduction in rank or otherwise, penalisation a woman employee in contravention of Chapter VI, rules/regulations applicable thereto shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both
Failure to provide any maternity benefit to which a woman is entitled under this Code shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both
Reduction in the wages or any privilege or benefits admissible to an employee in contravention of the provisions of the Code shall be punishable with fine which may extend to fifty thousand rupees.
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