Respected sir,
I am working as a contract laborer at the National Institute of Naturopathy as a Junior Physician since March 2011. I was outsourced from Sigma Human Resources Company. I was pregnant and continued working in the institution until my due date. I applied for my maternity benefits, but I have not received any response from the Sigma office. They have never bothered to reply to me. Please assist me with this issue and kindly let me know what steps I need to take. I have now rejoined my duties since October 1st after taking a leave of 3 months and 1 week. I would appreciate it if I am entitled to maternity benefits from the government. The officers from Sigma claim that as a contract employee, I am not entitled to such benefits. Please help me in this matter. They have also implemented a new rule of making the contract for a year and renewing it each time. When I joined, they treated me as a new employee and did not provide me with CL benefits for those three months.
Thank you.
From India, Pune
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I am working as a contract laborer at the National Institute of Naturopathy as a Junior Physician since March 2011. I was outsourced from Sigma Human Resources Company. I was pregnant and continued working in the institution until my due date. I applied for my maternity benefits, but I have not received any response from the Sigma office. They have never bothered to reply to me. Please assist me with this issue and kindly let me know what steps I need to take. I have now rejoined my duties since October 1st after taking a leave of 3 months and 1 week. I would appreciate it if I am entitled to maternity benefits from the government. The officers from Sigma claim that as a contract employee, I am not entitled to such benefits. Please help me in this matter. They have also implemented a new rule of making the contract for a year and renewing it each time. When I joined, they treated me as a new employee and did not provide me with CL benefits for those three months.
Thank you.
From India, Pune
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Dr. Kalpana,
An employer is not bound to give you maternity benefits; it happens based on the internal policy of different employers. However, as per what you have mentioned, you are a contract laborer. Every service provider company falls under the CLR Act if they are registered under ESI and PF. Therefore, if you have an ESI number or ESI card, you can collect three months' salary from your ESI branch office by submitting Form-22.
From India, Calcutta
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18An employer is not bound to give you maternity benefits; it happens based on the internal policy of different employers. However, as per what you have mentioned, you are a contract laborer. Every service provider company falls under the CLR Act if they are registered under ESI and PF. Therefore, if you have an ESI number or ESI card, you can collect three months' salary from your ESI branch office by submitting Form-22.
From India, Calcutta
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Madam,
Please download the Maternity Benefits Act, 1961, and study the provisions. You are entitled to 12 weeks of paid leave (salary of 84 days) and other benefits as applicable. If your salary is less than Rs. 15,000/-, you would be covered under the Employees State Insurance Act, 1948, and both your contractor as well as principal employers are legally bound to extend you benefits if they have paid contributions to ESI Corporation. The benefits could be claimed from ESI Corporation.
If your contractor fails to provide benefits, you may raise this issue with your principal employer and claim the same. If they also refuse, you can file a complaint with the Labour Commissioner of your area. They would serve notice to the contractor and principal employer.
P.N. Pathak, Sr. HR Manager, 9822790693.
From India, Pune
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Please download the Maternity Benefits Act, 1961, and study the provisions. You are entitled to 12 weeks of paid leave (salary of 84 days) and other benefits as applicable. If your salary is less than Rs. 15,000/-, you would be covered under the Employees State Insurance Act, 1948, and both your contractor as well as principal employers are legally bound to extend you benefits if they have paid contributions to ESI Corporation. The benefits could be claimed from ESI Corporation.
If your contractor fails to provide benefits, you may raise this issue with your principal employer and claim the same. If they also refuse, you can file a complaint with the Labour Commissioner of your area. They would serve notice to the contractor and principal employer.
P.N. Pathak, Sr. HR Manager, 9822790693.
From India, Pune
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If you are covered under ESI, then you are entitled to maternity benefits under the ESI scheme. If not, your contractor has to pay you under the Maternity Benefit Act. In case of denial, you can approach the Inspector under the Act.
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
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VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
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Thank you, Mr. P.N. Pathak and Varghese Mathew. As my salary is above $15,000, I am not entitled to ESI. They have taken me on as a new employee. Will this affect my benefits in any way? Because they have deducted my PF and all other bonuses for these three months.
From India, Pune
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From India, Pune
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Dr.Kalpana If u had worked under the employer for more than 90 days in the period of one year preceding ur date of confinement, u will be eligible under the M B Act. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Member,
It does not matter whether you are working on direct rolls or through a contractor. Under the circumstances stated by you, your employer is "Sigma," and they are bound to give you benefits under the provisions of the Maternity Benefit Act. Please make an application in the prescribed form (Refer Maternity Benefit Act) to the employer. If the employer refuses to pay, I suggest you approach the Factory Inspector / Shops & Establishment Inspector with a copy of the application.
Hope you will be able to convince your employer that the benefit you are seeking is your right and not a favor.
Regards,
Preetam Deshpande
From India, Mumbai
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It does not matter whether you are working on direct rolls or through a contractor. Under the circumstances stated by you, your employer is "Sigma," and they are bound to give you benefits under the provisions of the Maternity Benefit Act. Please make an application in the prescribed form (Refer Maternity Benefit Act) to the employer. If the employer refuses to pay, I suggest you approach the Factory Inspector / Shops & Establishment Inspector with a copy of the application.
Hope you will be able to convince your employer that the benefit you are seeking is your right and not a favor.
Regards,
Preetam Deshpande
From India, Mumbai
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Dear All,
This is my 2nd month of pregnancy, and doctors have advised me to be on bed rest for my 3rd month. I would like to know if I am eligible for Statutory Sick Pay as part of maternity benefits. Additionally, could you please inform me for how many days I can avail of this benefit and what the procedure is to apply for it under ESIC (Delhi)?
I would appreciate a prompt response.
Thank you.
From India, New Delhi
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This is my 2nd month of pregnancy, and doctors have advised me to be on bed rest for my 3rd month. I would like to know if I am eligible for Statutory Sick Pay as part of maternity benefits. Additionally, could you please inform me for how many days I can avail of this benefit and what the procedure is to apply for it under ESIC (Delhi)?
I would appreciate a prompt response.
Thank you.
From India, New Delhi
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Right to payment of maternity benefits.doc
Contract Labor - PPT.ppt