MATERNITY BENEFITS AND WORKPLACE PROTECTION UNDER THE CODE ON SOCIAL SECURITY, 2020: ISSUES AND CHALLENGES

AUTHOR – SUSMITHA.M, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – SUSMITHA.M, MATERNITY BENEFITS AND WORKPLACE PROTECTION UNDER THE CODE ON SOCIAL SECURITY, 2020: ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 484-495, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Code on Social Security, 2020 represents a significant reform in India’s labour law framework by consolidating multiple social security laws into a unified structure aimed at extending protection to all categories of workers, including those in the unorganised, gig, and platform sectors. Among its key components, maternity benefits and workplace protection for women employees occupy a central position, ensuring financial security, health safeguards, and job continuity during pregnancy and post-childbirth phases.

The Code provides for paid maternity leave, medical bonuses, nursing breaks, and crèche facilities, while also prohibiting hazardous work during pregnancy and dismissal on grounds of maternity absence. These provisions aim to promote gender equality, protect maternal health, and support women’s participation in the workforce.

However, despite its progressive framework, the implementation of maternity benefits under the Code faces several legal and practical challenges. Additionally, issues such as lack of awareness, socio-economic barriers, and gaps in regulatory clarity hinder effective realization of these rights.

This study critically examines the scope, effectiveness, and limitations of maternity benefits and workplace protections under the Code on Social Security, 2020. It further analyses the emerging legal challenges and suggests reforms to strengthen enforcement, expand coverage, and ensure equitable access to maternity benefits in India’s evolving labour market.

KEY WORDS: Maternity Benefits, Workplace Protection, Women Employees, Code on Social Security, 2020, Gender Equality, Labour Law, Social Security, Maternity Leave, Unorganised Sector, Gig Workers, Employer Liability, Crèche Facilities, Nursing Breaks, Legal Challenges, Women’s Rights, Employment Protection, Maternal Health, Labour Welfare.