As per the Maternity Act, if the ESIC Act is applicable, the Maternity Act is not applicable. If a company has more than 10 employees and ESIC registration but since there are no eligible employees as per the ESIC Act (employees with wages more than Rs. 21000), is the Maternity Act applicable or not?
From India, Ahmedabad
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From India, Ahmedabad
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Dear friend,
When certain employment benefits of the same or similar nature are available under two separate enactments applicable to the same establishment, each one's applicability becomes exclusive based only on the eligibility of the employee seeking the benefit.
Therefore, for whatever reason, if an employee is beyond the coverage of the ESI Act, 1948, she would be entitled to benefits under the MB Act, 1961 if she is otherwise eligible when the Act is applicable to the establishment.
From India, Salem
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6108When certain employment benefits of the same or similar nature are available under two separate enactments applicable to the same establishment, each one's applicability becomes exclusive based only on the eligibility of the employee seeking the benefit.
Therefore, for whatever reason, if an employee is beyond the coverage of the ESI Act, 1948, she would be entitled to benefits under the MB Act, 1961 if she is otherwise eligible when the Act is applicable to the establishment.
From India, Salem
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The MB Act 1961 benefits are carried over to the ESI Act 1948 for the eligible women employees. So when ESI Act is not applicable, automatically the MB Act provisions become applicable. In ESI, the benefits are borne by the ESI Corporation, and in the MB Act, the employer is responsible.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The user reply is [B]correct[/B]. (1 Acknowledge point)