I am working in MNC organization as a sales back end nearly 10 years i have one kid 2years becoz of baby iam not able to go office in time so i have receive memo for late coming also our godown was shifted to banglore so billing stopped from my side & i have booking access only last year iam not get my increment company not provided reason was informed in directly that all process started from banglore . last month end booking also stopped from my end information given by BH by word & till now iam not received any mail or paper from my HR within a day i sent mail to HR that i am pregnant second baby delivery date was given 28.08.2018 confirm that my esi eligible & they replied yes i can avail esi benefits & they need my documents esic card etc. for attendance purpose i also sent
What i want to know this month i dont have work & next month end only i have my delivery in between any action they will take like termination becoz i have six month leave eligible i can avail the benefits from ESI & if iam in job only i can avail. I want to know is there any option to terminate me or they will wait till my re joining (it is a corporate company three four companies is there in under )
please advice
From India
What i want to know this month i dont have work & next month end only i have my delivery in between any action they will take like termination becoz i have six month leave eligible i can avail the benefits from ESI & if iam in job only i can avail. I want to know is there any option to terminate me or they will wait till my re joining (it is a corporate company three four companies is there in under )
please advice
From India
Madam,
Don't worry. They won't terminate your services while you are on maternity leave. After your reporting back for duty they will evaluate the requirement part and decide. However you are covered under ESI and your benefits are going to be through ESI .
Thanks and regards
Kameswararao S
From India, Hyderabad
186Don't worry. They won't terminate your services while you are on maternity leave. After your reporting back for duty they will evaluate the requirement part and decide. However you are covered under ESI and your benefits are going to be through ESI .
Thanks and regards
Kameswararao S
From India, Hyderabad
Dear Ms Reena,
Pls note my specific reply:-
My concern is if doing increment on CTC factor is more apt way or doing on Basic salary is better way?
Doing increment is solely company decision. As per law every employer is bound to pay the applicable Minimum Wages as defined in the Act. In your case the wages itself is less than the Minimum Wages as defined in the Notification of Delhi Govt. The current Minimum Wages is Rs. 13896/- even for an unskilled employee, whereas you have shown Rs. 13350/-. So first you need to be more focused on the issue. Over and above the Minimum Wages is your decision.
Secondly is bonus a variable component for every year? or a compulsion -8.33% on Basic??
Bonus is not a wages component, it is a statutory liability which must be paid once in a year @ 8.33% of the Basic+DA. However, it can be shown in CTC, but as per law can't be considered as monthly salary part for the Minimum Wages. This is paid for a complete FY (Apr-Mar). Legally you are bound to pay, avoiding it is abolition of the Act.
Please clarify? Can I take my staff for a holiday and spend more amount instead of giving them bonus entitled amount?
Doing staff outing on Holiday is a staff welfare activity. You can’t club the legal / statutory liability with staff welfare, entertainment. As I already said, first of all you need to pay the minimum liabilities as per the applicable Acts / Laws, over and above is employer decision.
Last but not the least, I assume somewhere you are paying below the law. If you want to be more compliant and legally sound than share more specific query so that fellow experienced members can put more light. However, in order to keep secret of your company name, you can put fresh query with “ANNONYMOUS”.
Hope all your queries answered as per requirement.
From India, Delhi
Pls note my specific reply:-
My concern is if doing increment on CTC factor is more apt way or doing on Basic salary is better way?
Doing increment is solely company decision. As per law every employer is bound to pay the applicable Minimum Wages as defined in the Act. In your case the wages itself is less than the Minimum Wages as defined in the Notification of Delhi Govt. The current Minimum Wages is Rs. 13896/- even for an unskilled employee, whereas you have shown Rs. 13350/-. So first you need to be more focused on the issue. Over and above the Minimum Wages is your decision.
Secondly is bonus a variable component for every year? or a compulsion -8.33% on Basic??
Bonus is not a wages component, it is a statutory liability which must be paid once in a year @ 8.33% of the Basic+DA. However, it can be shown in CTC, but as per law can't be considered as monthly salary part for the Minimum Wages. This is paid for a complete FY (Apr-Mar). Legally you are bound to pay, avoiding it is abolition of the Act.
Please clarify? Can I take my staff for a holiday and spend more amount instead of giving them bonus entitled amount?
Doing staff outing on Holiday is a staff welfare activity. You can’t club the legal / statutory liability with staff welfare, entertainment. As I already said, first of all you need to pay the minimum liabilities as per the applicable Acts / Laws, over and above is employer decision.
Last but not the least, I assume somewhere you are paying below the law. If you want to be more compliant and legally sound than share more specific query so that fellow experienced members can put more light. However, in order to keep secret of your company name, you can put fresh query with “ANNONYMOUS”.
Hope all your queries answered as per requirement.
From India, Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf