The company I'm working with is based in Bengaluru. A freelancer we have worked with (since May 23) has applied for Maternity Leave.
My question to my esteemed peers is whether she is eligible for the leave or if the benefit only applies to full-time permanent employees.
From India, Vasai
My question to my esteemed peers is whether she is eligible for the leave or if the benefit only applies to full-time permanent employees.
From India, Vasai
Hi,
By the term Freelancer it implies it is not a full time employment and purely on assignment basis.
Freelancing is just a temporary work arrangement between Freelancer and the company and hence Maternity leave will not be applicable to Freelancer. But it is up to the Employer to consider on humanitarian grounds.
From India, Madras
942By the term Freelancer it implies it is not a full time employment and purely on assignment basis.
Freelancing is just a temporary work arrangement between Freelancer and the company and hence Maternity leave will not be applicable to Freelancer. But it is up to the Employer to consider on humanitarian grounds.
From India, Madras
The basic thing is that a freelancer will be working for others also and she is just like an independent contractor and not an employee. She will never follow the office timing, leave policies and protocols and follow the other HR policies of the organisation. Then for maternity leave alone how can she approach thee employer?
From India, Kannur
From India, Kannur
One can’t consider eligible, If the names are not borne in adult register/muster roll/employee register of the company.
From India, Mumbai
From India, Mumbai
The question is whether she is an actual freelancer or an employee
Is her name on the attendance register? Is there any record to show she is acting or being treated as an employee?
If she is, then she will end up being eligible for maternity benefit as the courts are likely to decide that she is an employee and not a freelancer. If she is a normal freelancer, then obviously, if she cant work, there is no question of getting paid. Maternity Benefit applies to employees only.
From India, Mumbai
Is her name on the attendance register? Is there any record to show she is acting or being treated as an employee?
If she is, then she will end up being eligible for maternity benefit as the courts are likely to decide that she is an employee and not a freelancer. If she is a normal freelancer, then obviously, if she cant work, there is no question of getting paid. Maternity Benefit applies to employees only.
From India, Mumbai
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Right to payment of maternity benefits.doc