Maternity law needs to be reasonable for both sides

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MANY factories and corporate groups deny maternity leave to women employees flouting the country’s Labour Law. Many apparel factories, multinational companies, international NGOs and schools deny 16 weeks’ maternity leave with full salary or wages to their women employees flouting the law, said labour leaders as well as officials of the Department of Inspection for Factories and Establishments. Instead, many factories and companies often terminate women months before they are due to give birth so that they cannot even apply for maternity leave, they said, as per reports of a local daily.Section 50 of the Bangladesh Labour Act prohibits termination of a woman six months before or eight weeks after she gives birth to her baby. Bangladesh Trade Union Centre General Secretary Wajedul Islam Khan said it had become a common practice for many private companies, particularly garment factories, shopping malls and non-government schools to deny maternity leave to women. At times, the defaulting employers pay no wages or salaries for the leave period and terminate the employees for seeking maternity leave, Wajedul said. Many apparel factories deny maternity leave to women employees, Sammilito Garment Sramik Federation President Nazma Akter said.Former additional attorney general and reputed labour lawyer Abdur Razaque Khan said termination of women six months before or eight weeks after they deliver babies is illegal and that the law empowers victims to sue such employers. Inspector General of Department of Inspection for Factories and Establishments Syed Ahmed said that the Department would definitely take action if it got the complaints. All firms try to save money by openly flouting the labour laws of the land – what is worse when they are contacted for comment they refuse to say anything – as in a recent case where an employee of the Asia Foundation was fired ¾ under the guise that the laws did not apply to the Foundation. This is not limited to just maternity leave – there are many other instances where employees are fired without getting termination benefits at all – whether male or female.If a law appears unreasonable, no amount of legal actions against the employers will make the law workable. We believe the maternity law is one such law requiring the same to be applied in all circumstances. For some people it is easy to pass a law but to make it effective is not easy. We should encourage more women to be employed. What must not be forgotten that if law is oppressive, then the employers will avoid employing women workers. We have every sympathy for women workers to have extra consideration as maternity benefit. But it has to be practical and reasonable.

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