I am working as a contract employee with a MNC. It is a remote job from India. But I have received a contract mentioning the Singapore office address. I applied for maternity leave. But my employer denied it over call, saying, "You are not eligible for maternity paid leaves as your contract agreement was released from Singapore registration. Please advise if i am still eligible for maternity benefit as per India law. Since I am paying taxes to the Indian govt and also following the Indian holiday calendar.
From India, Bengaluru
From India, Bengaluru
If you are working in India, you will be covered by the laws of India. As such, if you have worked for 80 days in the 12 months preceding the expected date of delivery, you should get maternity of 26 weeks with pay. Even if the contract of employment (the fixed term contract for which you were appointed) comes to an end during this period, you should be given 26 weeks' leave with pay.
From India, Kannur
4244From India, Kannur
Hi Madhu, thanks for your response. My employer is not replying over email but saying over call you are an independent contractor and offer letter released from singapore. So not eligible. What should I do in this case. Though their existence is in India as well and my working hours are also fixed 9 am-6pm SGT. and mentioned I cannot work with other organisations during my contract with this. Still they are addressing it as an independent contractor.
From India, Bengaluru
From India, Bengaluru
Do you have an office in India? Even in a work from home arranagement, what will be the total number of employees in India? If the total number of employees is equal to or more than ten, then the maternity Benefits Act, 1961 will be applicable to your establishment. A woman employee who has put in at least 80 days' service in a period of 12 months immediately preceding the expected date of delivery should be given 26 weeks leave with salary.
An independent contractor is not an employee but it is not the designation that decides whether an employee is an employee or a contractor. A person working exclusively for an employer following the working hours, leave rules and other protocols framed by the employer is an employee who should be given all benefits offered by the statute. Maternity Benefit is a statutory benefit and the same cannot be refused to an employee in India.
It is immaterial where the employer is situated but what is important is where the employee is working. As said above, if the employer has at least ten employees working in India, the establishment in India would come under the scope of Maternity Benefits Act 1961.
If the conditions above mentored are satisfied, you may send a notice of pregnancy attaching the medical report mentioning the expected date of delivery. If thee same is rejected, there are law enforcement Officers to take care of it. Online facilities are also available in various state's labour department.
From India, Kannur
An independent contractor is not an employee but it is not the designation that decides whether an employee is an employee or a contractor. A person working exclusively for an employer following the working hours, leave rules and other protocols framed by the employer is an employee who should be given all benefits offered by the statute. Maternity Benefit is a statutory benefit and the same cannot be refused to an employee in India.
It is immaterial where the employer is situated but what is important is where the employee is working. As said above, if the employer has at least ten employees working in India, the establishment in India would come under the scope of Maternity Benefits Act 1961.
If the conditions above mentored are satisfied, you may send a notice of pregnancy attaching the medical report mentioning the expected date of delivery. If thee same is rejected, there are law enforcement Officers to take care of it. Online facilities are also available in various state's labour department.
From India, Kannur
As you mentioned that their existence is in India as well as and your working hours are also fixed 9 am-6pm SGT. Naturally you are an Indian citizen. I am writing here what I read an article written by an advocate regarding refusal of Maternity benefits. " refusing to sanction of maternity benefits is against the rights as laid down under articles 14,15(3),16,19(1)(g) and 42 of the constitution of India. The intent of the legislature in no manner could have been to limit or restrict the extent and scope of reliefs that may be granted to all those falling within the ambit of the Act. Admittedly, the respondent has been extending benefits arising out of the Maternity Benefit Act to its permanent/regular employees, denying such benefits to contractual employees, is not justified. The law stands settled in this regard that the nature of employment shall not decide whether a woman employee would be entitled to Maternity Benefits."
But the main question is that if your employer is not ready to obey this rule ?
From India, Indore
But the main question is that if your employer is not ready to obey this rule ?
From India, Indore
I would like to share that this matter got resolved. It wasn't easy as the company denied by saying that offer letter is from Singapore and you are in India. Though it was a lame excuse, I reached out to
1. National Commission for Women
2. Centralized Public Grievance Redress and Monitoring System
3. Raised RTI Query
I got responses from everywhere and the first one was from NCW. Within a day, the matter got resolved and company agreed for paid maternity.
I would like to thank Madhu and Ashok for their valuable inputs.
RTI Response also states "The Act is applicable to all women employee who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant."
From India, Bengaluru
1. National Commission for Women
2. Centralized Public Grievance Redress and Monitoring System
3. Raised RTI Query
I got responses from everywhere and the first one was from NCW. Within a day, the matter got resolved and company agreed for paid maternity.
I would like to thank Madhu and Ashok for their valuable inputs.
RTI Response also states "The Act is applicable to all women employee who are employed in any capacity directly or through any agency i.e. either on contractual or as consultant."
From India, Bengaluru
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc