Wage-linked Maternity Entitlements for Women Workers in the Informal Sector
Maternity entitlements include women’s right to exercise reproductive choices, right to health, nutrition, and care, and wage compensation for lost days of work during pregnancy, childbirth, and the period of exclusive breastfeeding. This is a period when the rights of the mother and the child are intertwined.
Wage compensation or maternity benefits during the maternity period is a right of all women and has been recognized by global conventions as well as the Indian Constitution.
The Maternity Benefit linked with Social Security Code 2022 provisions the Maternity entitlements for informal workers as well:
Provision of 26 weeks of Maternity leave for the first two children, 12 weeks of leave for a mother adopting a child under 3 years of Age, Permission to work from home if the job allows, and Establishment with 50+ employees should provide a creche facility.
Although all these amendments were a positive step for women workers, they only catered to the women employed in organized sectors. Its applicability did not extend to the informal women workers, who constitute a majority (approximately 95%) of the women workforce. From a practical perspective, women workers are majorly employed in various activities in the informal sectors such as agriculture, domestic workers, and so on. such employment does not categorize as having been employed in an establishment, So the workers can’t rely on their employers.
Acts similar to Maternity Act, (ESIA) are released only to the women workers employed in organized sectors (factories or other establishments), excluding women employed in the informal sectors.
As per Census 2011, the total number of female workers in India is 149.8 million and female workers in rural and urban areas are 121.8 and 28.0 million respectively. Out of the total of 149.8 million female workers, 35.9 million females are working as cultivators and another 61.5 million are agricultural labourers. Of the remaining female workers, 8.5 million are in the household Industry and 43.7 million are classified as other workers.
As per the last Employment Review by the Directorate General of Employment & Training (DGE&T), on 31st March 2011, about 59.54 lakh women workers were employed in the organized sector (Public and Private Sector).
On the Analysis of these two stats, only 3.9% of the total population is entitled to Maternity Benefits, and the remaining 96% of the population provision is purely based on the availability of funds and state welfare scheme. Whether the state government received funds enough they distribute them equally, in other cases they will shortlist the beneficiaries and provide the benefits for the selective.
| Pradhan Mantri Matru Vandana Yojana (PMMVY) – West Bengal distributed 33,000 in 2020-21 (Enrolled Beneficiaries – 2,97,287) | Pradhan Mantri Matru Vandana Yojana (PMMVY) – Gujarat distributed 471,10,00,000 in 2020-21 (Enrolled Beneficiaries – 88,439) |
If we see the allocation of funds to these welfare schemes, we understand why entitlement should be made mandatory.
Wage Linked Maternity Compensation is a universal right approved by the UN, and legalized through Social Security Code in India.
NIDAN on behalf of workers demand entitlement of Wage-linked Maternity Entitlements for Women Workers in the Informal Sector.
To ensure universal maternity benefits to all women in informal sector NASS demands:
- All child-bearing women and care-giving parent should be entitled to 26 weeks of paid leave/wage support/ compensation after the child is born/adopted. This should be ensured in addition to a maximum of 8 weeks of Pregnancy Leave.
- No conditionalities are to be tied to entitlements and documentation requirements are to be minimised.
- No categorisation of beneficiaries. Universal wage-linked benefits for all citizens.
- Data and monitoring gaps to be plugged to track access.
- Maternity benefit is a universal right applicable to all workers regardless of duration or consistency and status of employment.
- Government to finance maternity benefits for all the informal workers who do not have a direct employer.
- The quantum of benefit for all workers should be the same for both formal and informal sector workers. The quantum of social security benefits must not go below the defined “floor level.”
- Compensation for loss of wages should be paid for 180 days and should be made at par with the formal sector. The amount should be the same as the national minimum wage for skilled workers.
- Two child limits for maternity benefits should not be imposed.
- Maternity Benefits as enforceable labour rights
Details of number of beneficiaries enrolled and total amount disbursed for payment of maternity
benefits under Pradhan Mantri Matru Vandana Yojana (PMMVY)
In India these maternity benefits are provided to women in formal and informal sectors through the following legislations (and schemes notified under them):
- Maternity Benefits Act, 1961 and the Maternity Benefit (Amended) Act, 2017
- Sectoral Labour Rights’ Legislations(e.g. Building and Construction workers)
- Janani Suraksha Yojana notified under Unorganised Sector Workers Social Security Act, 2008
- Pradhan Mantri Matru Vandana Yojana notified under National Food Security Act, 2013
- The Social Security Code, 2020
| Sl. No. | State/UT | 2020-21 | Sl. No. | State/UT | 2020-21 | ||||||
| No. of Beneficiaries enrolled | Total Amount Distributed | Compensation per person | No. of Beneficiaries enrolled | Total Amount Distributed | Compensation per person | ||||||
| (₹ in Lakhs) | if divided equally | (₹ in Lakhs) | if divided equally | ||||||||
| 1 | Andaman And Nicobar Islands | 1,353 | 71 | 5248 | 19 | Ladakh | 1,010 | 38 | 3762 | ||
| 2 | Andhra Pradesh | 2,26,803 | 7,917.00 | 3491 | 20 | Lakshadweep | 387 | 17 | 4393 | ||
| 3 | Arunachal Pradesh | 7,261 | 296 | 4077 | 21 | Madhya Pradesh | 5,90,450 | 29,058.00 | 4921 | ||
| 4 | Assam | 1,83,266 | 7,014.00 | 3827 | 22 | Maharashtra | 5,68,728 | 26,391.00 | 4640 | ||
| 5 | Bihar | 11,15,837 | 48,286.00 | 4327 | 23 | Manipur | 14,958 | 664 | 4439 | ||
| 6 | Chandigarh | 5,100 | 230 | 4510 | 24 | Meghalaya | 9,589 | 350 | 3650 | ||
| 7 | Chhattisgarh | 1,23,512 | 5,452.00 | 4414 | 25 | Mizoram | 5,515 | 248 | 4497 | ||
| 8 | Dadra And Nagar Haveli | 2,033 | 84 | 4132 | 26 | Nagaland | 6,371 | 267 | 4191 | ||
| 9 | Daman And Diu | 1,052 | 37 | 3517 | 27 | Odisha | 0 | 0 | 0 | ||
| 10 | Delhi | 85,885 | 2,545.00 | 2963 | 28 | Puducherry | 5,202 | 184 | 3537 | ||
| 11 | Goa | 4,260 | 188 | 4413 | 29 | Punjab | 1,05,742 | 4,134.00 | 3910 | ||
| 12 | Gujarat | 88,439 | 4,711.00 | 5327 | 30 | Rajasthan | 2,98,756 | 13,773.00 | 4610 | ||
| 13 | Haryana | 1,20,811 | 3,376.00 | 2794 | 31 | Sikkim | 2,626 | 84 | 3199 | ||
| 14 | Himachal Pradesh | 41,496 | 1,978.00 | 4767 | 32 | Tamil Nadu | 4,13,221 | 12,388.00 | 2998 | ||
| 15 | Jammu And Kashmir | 65,658 | 1,949.00 | 2968 | 33 | Telangana | 0 | 0 | 0 | ||
| 16 | Jharkhand | 1,64,238 | 5,723.00 | 3485 | 34 | Tripura | 20,612 | 730 | 3542 | ||
| 17 | Karnataka | 5,05,328 | 15,675.00 | 3102 | 35 | Uttar Pradesh | 11,12,588 | 44,422.00 | 3993 | ||
| 18 | Kerala | 1,81,657 | 6,600.00 | 3633 | 36 | Uttarakhand | 58,249 | 2,707.00 | 4647 | ||
| 37 | West Bengal | 2,97,287 | 0.33 | 0 | |||||||
| Total No of Beneficiaries enrolled:
64,35,280 |
Total Funds released:
24758733000 |
If divided equally:
Rs. 3847 |
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