I am a doctor working in a corporate hospital for the last two years. The hospital is rejecting maternity leave benefits, citing that I am on a contract basis and I am getting a professional fee, not a salary. Is there a rule that if professional fees are paid, maternity leave benefits are not applicable? If not, what can be done?
From India, Vadodara
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From India, Vadodara
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If your terms of appointment contain service conditions similar to those of an employee, such as hours of work, reporting time, payment of salary or a fixed (professional) fee, and restrictions on taking employment elsewhere, then you will be considered an employee and entitled to all benefits conferred on employees, including maternity benefits. Conversely, if your contract stipulates that you are provided a workspace and the consultation fee will be paid to you after certain deductions by the hospital, then your service is akin to that of a consultant, and you will not be deemed an employee. It is evident that an employer is obligated to provide maternity benefits solely to an employee.
From India, Kannur
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4483From India, Kannur
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Much would depend on your status of 'employment' or 'engagement'. The point to be noted here is 'employment' & 'employee'. Once a clear answer to this is available, then eligibility can be determined. Take note of these stipulations:
Note: (1) The Act applies to a factory, mine, or plantation belonging to the Government. (2) The Act does not apply to any factory or other establishments to which the provisions of the Employees' State Insurance Act apply. {Section 2}
Is there any justification for denying the benefits of the Maternity Benefit Act to women workers on the ground that they are not regular employees but they are on the muster roll? The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879), has said: "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular 'woman employees' to the benefit of maternity leave and not those who are engaged on a casual basis or on the muster roll on a daily wage basis."
In your case, there is a thin line between an 'employee,' whether on contract or regular, and a 'consultant.' Check your contract/agreement to find the answer to this question. Also, please check under which category your TDS is deducted & remitted to the government account, whether as an 'Employee' or as a 'Consultant.'
From India, Bangalore
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Note: (1) The Act applies to a factory, mine, or plantation belonging to the Government. (2) The Act does not apply to any factory or other establishments to which the provisions of the Employees' State Insurance Act apply. {Section 2}
Is there any justification for denying the benefits of the Maternity Benefit Act to women workers on the ground that they are not regular employees but they are on the muster roll? The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879), has said: "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular 'woman employees' to the benefit of maternity leave and not those who are engaged on a casual basis or on the muster roll on a daily wage basis."
In your case, there is a thin line between an 'employee,' whether on contract or regular, and a 'consultant.' Check your contract/agreement to find the answer to this question. Also, please check under which category your TDS is deducted & remitted to the government account, whether as an 'Employee' or as a 'Consultant.'
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc