Job Protection

This page was last updated on: 2025-03-21

No Harmful Work

In accordance with the Maternity Benefits Act, a pregnant woman cannot, on a request made by her in this behalf, be required by her employer to assign any work (during 10 weeks before her expected delivery) which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. An employer is also obliged not to employ a woman during the six weeks following the day of her delivery, miscarriage or medical termination of pregnancy.

Source: §4 of the Maternity Benefits Act 1961

No Harmful Work Under State Laws

No Harmful Work in Andhra Pradesh

For Contract Labourers:

Licenses granted to contractors are subject to the following conditions: (a) in every establishment where twenty or more women are ordinarily employed as contract labour, there should be provided two rooms of reasonable dimensions for the use of their children under the age of six years;(b) one of such rooms should be used as a playroom for the children and the other as a bedroom for the children; (c) the contractor should supply an adequate number of toys and games in the playroom and a sufficient number of cots and beddings in the sleeping room;(d) the standard of construction and maintenance of the crèches should be such as may be specified on this behalf by the Commissioner of Labour, Andhra Pradesh, Hyderabad.

No female contract labour can be employed by the contractor before 6.00 A.M. or after 7.00 P.M.

Source: Section 25(vi) (a), Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971

No Harmful Work in Maharashtra

No State laws and provisions under this topic.

No Harmful Work in Karnataka

No State laws and provisions under this topic.

No Harmful Work in Uttar Pradesh

Licenses granted to contractors will be subject to the following conditions: (a) in every establishment where twenty or more women are ordinarily employed as contract labour, there should be provided two rooms of reasonable dimensions for the use of their children under the age of six years.

(b) One of such rooms should be used as a playroom for the children and the other as bedroom for the children.

(c) The contractor should supply adequate number of toys and games in the playroom and sufficient number of cots and beddings in the sleeping room.

(d) The standard of construction and maintenance of the crèches should be such as may be specified. No female contract labour should be employed by the contractor before 6.00 A.M. or after 7.00 P.M.

Source: U.P. Contract Labour (Regulation Abolition) Rules, 1975

No Harmful Work in Rajasthan

For Pregnant Employees at Establishments:

No owner or manager of an establishment will knowingly employ a woman, and no woman will engage in employment in any establishment during the six weeks following the day on which she is delivered of a child.

Source: Section 23 of the Rajasthan Shops and Commercial Establishments Act, 1958

No Harmful Work in Tamil Nadu

No State laws and provisions under this topic.

No Harmful Work in Gujarat

No women or young person should engage in dangerous work threatening their life, health or morals as per the interpretation and declaration of the state government.

Source: Section 34A. Bombay Shops and Establishments Act, 1948

No Harmful Work in West Bengal

No State laws and provisions under this topic.

Protection from Dismissals

It is unlawful for an employer to discharge or dismiss a pregnant worker during or on account of absence due to pregnancy, delivery or any post-natal illness, or to give notice of discharge or dismissal, or to vary to her disadvantage any of the conditions of her service.

Source: §12 of the Maternity Benefits Act 1961

Protection From Dismissals Under State Laws

Protection from Dismissals in Andhra Pradesh

No State laws and provisions under this topic.

Protection from Dismissals in Maharashtra

No State laws and provisions under this topic.

Protection from Dismissals in Karnataka

No State laws and provisions under this topic.

Protection from Dismissals in Uttar Pradesh

No State laws and provisions under this topic.

Protection from Dismissals in Rajasthan

For all Pregnant Women:

When a woman is on leave in accordance with the provisions of this Act, the employer cannot give a notice of dismissal during such absence.

Source: Section 8 of the Rajasthan Maternity Benefit Act, 1953

For Pregnant Employees at Establishments:

When a woman absents herself from work due to pregnancy, it will be unlawful for the employer to dismiss her during or on account of such absence, or to give notice of dismissal on such a day that the notice will expire during such absence.

Source: Section 28 of the Rajasthan Shops and Commercial Establishments Act, 1958

Protection from Dismissals in Tamil Nadu

No State laws and provisions under this topic.

Protection from Dismissal in Gujarat

A woman worker is guaranteed maternity leave under the provisions of the Maternity Benefits Act.

Source: Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019

Protection from Dismissals in West Bengal

No State laws and provisions under this topic.

Right to Return to Same Position

Employers are prohibited from varying a worker’s conditions of employment to her disadvantage while she is on maternity leave. It implies from Section 12 that a woman worker has the right to return to her same job/position after availing her maternity leave.

Source: §12 Maternity Benefits Act 1961