Section 28: Protection Against Dismissal and Employer Obligations

Overview

This section deals with Maternity Benefit under the Code on Social Security, 2020. Specifically, Section 28 focuses on safeguarding the employment of women during pregnancy and maternity leave, ensuring they are not unfairly disadvantaged due to their maternity status. It outlines employer responsibilities and provides mechanisms for redressal of grievances.

Who is Covered?

• This section applies to all women employees in establishments covered under the Code on Social Security, 2020. The Code broadly covers establishments employing ten or more persons, but specific thresholds may vary depending on the state and other applicable laws.
• Eligibility is triggered by pregnancy and the subsequent taking of maternity leave. There is no minimum length of service or wage limit specified within Section 28 itself for the protection against dismissal; eligibility for maternity benefit *generally* requires at least 80 days of work in the 12 months preceding delivery, but this section focuses on protection *during* pregnancy and leave, regardless of benefit eligibility.

Benefits and Contributions

• The primary benefit is job security. A woman cannot be dismissed, discharged, or subjected to any adverse action solely due to her pregnancy or maternity leave.
• There are no direct financial contributions associated with this specific section. However, employers are obligated to comply with the broader maternity benefit provisions of the Code, which *do* involve financial contributions (maternity benefit payments to the employee).

Procedure and Compliance

Employers must ensure the following:

1. No Dismissal/Discharge: Do not dismiss or discharge a pregnant employee or one on maternity leave except for proven gross misconduct.
2. No Adverse Action: Avoid any actions that negatively impact the woman’s employment conditions (e.g., demotion, change in responsibilities) during pregnancy or leave.
3. Complaint Redressal: Establish a mechanism for addressing complaints related to violations of this section.
4. Register Maintenance: Maintain registers as prescribed by the rules under the Code, documenting compliance with these provisions.
5. Compliance with broader Maternity Benefit provisions: Ensure full compliance with all other maternity benefit provisions of the Code, including payment of maternity benefit.

Practical Examples

• Example 1: Eligible Employee – Priya is 6 months pregnant and working at a company with over 20 employees. The company cannot terminate her employment or change her job role to a less desirable position simply because of her pregnancy.
• Example 2: Non-Compliant Employer – Sunita was dismissed from her job immediately after informing her employer about her pregnancy. This is a clear violation of Section 28, and Sunita can file a complaint with the appropriate authority seeking redressal. The employer may face penalties.

Disclaimer

This article is for basic understanding of the Code on Social Security, 2020, and Section 28 specifically. It should not be treated as legal advice. Consult with a qualified legal professional for advice tailored to your specific situation.