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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Social Security, 2020

Rohini Exports dismissed a woman employee in contravention of the Code on Social Security, 2020 provisions on maternity benefit (Chapter IV). What is the maximum punishment for this first offence?

Such a dismissal is punishable with imprisonment up to six months or a fine up to fifty thousand rupees, or both. The one-year imprisonment limit applies to failure to pay gratuity, not to penalising a woman employee contrary to the maternity provisions.

  1. AFine up to fifty thousand rupees only
  2. BImprisonment up to six months or fine up to fifty thousand rupees, or bothCorrect
  3. CImprisonment up to one year or fine up to fifty thousand rupees, or both
  4. DImprisonment up to three years

Explanation

Dismissing or penalising a woman employee in contravention of Chapter IV falls under clause (d), grouped with clauses punishable with imprisonment up to six months or fine up to fifty thousand rupees, or both. The one-year penalty applies to gratuity default, so it is wrong here.

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