Maternity Protection of Employees Act, 1981

Voidance or modification of certain provisions in agreements.

5.—(1) A provision in any agreement (whether a contract of employment or not, and whether made before or after the commencement of this Act) shall be void in so far as it purports to exclude or limit the application of any provision of this Act or is inconsistent with any provision of this Act.

(2) A provision in any agreement (whether a contract of employment or not, and whether made before or after the commencement of this Act) which is or becomes less favourable in relation to an employee to whom Part II or Part III applies than a similar or corresponding entitlement conferred on her by either of those Parts shall be deemed to be so modified as to be not less favourable to her.

(3) Nothing in this Act shall be construed as prohibiting any agreement referred to in this section from containing any provision more favourable to an employee to whom Part II or Part III applies than any provision in either of those Parts.

(4) References in this section to this Act (other than the references to the commencement of this Act) or to a Part shall be construed as references to this Act or to the Part as amended or extended by or under this Act or any other Act.