Dear All,
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.
From India, Bangalore
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.
From India, Bangalore
Dear Dhananjay,
First of all Maternity Benefit is to sponsered by ESI.
ESI paid the amount then there is no sense that employer should pay for it.
Now the employee want to resign. U can only force her to repay the amount only.
or U can recover that money in her full & final.
Becoz, the mistake is been done from the end of employer.
Regards
Vipin
From India, New Delhi
32First of all Maternity Benefit is to sponsered by ESI.
ESI paid the amount then there is no sense that employer should pay for it.
Now the employee want to resign. U can only force her to repay the amount only.
or U can recover that money in her full & final.
Becoz, the mistake is been done from the end of employer.
Regards
Vipin
From India, New Delhi
Dear Dhananjay, As vipin told it is the mistake from the employer side so they cant file any case legally against her. Regards, Sara
From India, Madras
From India, Madras
Hi Dhananjay,
First thing is that, female employee will get the Maternity benefits from ways, first is that, who are register under ESIC, so those will get benefit from ESIC. & second, Who are not consider under ESIC (whoes salary more that 10,000/- P.M.) those will considered in Seperate The Maternity Benefit Act. 1961.as per this act. employer should pay 90days salary to that perticular employee, If the particular employee has registered under ESIC so, there is no need to pay her salary by the employer.
but, As you said, your organization has already paid her salary.
& She is not aware about the process, but, as employer you should aware about the process.
It means, this totally employer mistake & on this basis they can not claim any amount back from her.
For more details please refer the ESIC act. as well as the Maternity Benefit Act.1961
Regards,
From India, Mumbai
First thing is that, female employee will get the Maternity benefits from ways, first is that, who are register under ESIC, so those will get benefit from ESIC. & second, Who are not consider under ESIC (whoes salary more that 10,000/- P.M.) those will considered in Seperate The Maternity Benefit Act. 1961.as per this act. employer should pay 90days salary to that perticular employee, If the particular employee has registered under ESIC so, there is no need to pay her salary by the employer.
but, As you said, your organization has already paid her salary.
& She is not aware about the process, but, as employer you should aware about the process.
It means, this totally employer mistake & on this basis they can not claim any amount back from her.
For more details please refer the ESIC act. as well as the Maternity Benefit Act.1961
Regards,
From India, Mumbai
Hai As per the ESI Act Maternity Benefit will be paid by the ESI Corporation and not by the Employer. It is your mistake. So dont force the employee to repay the amount. MANOKAVIN
From India, Coimbatore
From India, Coimbatore
Mr Dhanuindian,
Case : The female employee has availed maternity benefit from ESI &
the employer has also given that benefit for 12 weeks.
After that she has not joined the co. & resigned.
Sollution : See,
1- Check the mode of payment to her by cash or bank
transfer or cheque.
2 - In what head the payment has booked in your a/cs books.
3- if given amount paid in salary a/c and no world comes as
"meternity benefits" in your books.
4 Then you can recover that amount from her full & final
settlement as "excess paid for the period ...!!"
Thanks
Rajeev Kumar Saxena
9818111867
Originally Posted by Dhanuindian [IMG]https://www.citehr.com/images/buttons/viewpost.gif[/IMG]
Dear All,
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.
From India, Bangalore
Case : The female employee has availed maternity benefit from ESI &
the employer has also given that benefit for 12 weeks.
After that she has not joined the co. & resigned.
Sollution : See,
1- Check the mode of payment to her by cash or bank
transfer or cheque.
2 - In what head the payment has booked in your a/cs books.
3- if given amount paid in salary a/c and no world comes as
"meternity benefits" in your books.
4 Then you can recover that amount from her full & final
settlement as "excess paid for the period ...!!"
Thanks
Rajeev Kumar Saxena
9818111867
Originally Posted by Dhanuindian [IMG]https://www.citehr.com/images/buttons/viewpost.gif[/IMG]
Dear All,
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.
From India, Bangalore
Dear Dhananjay,
In this case you are required to issue notice to the concerned woman employee for recovery of the amount paid to him in ignorance by you or for amount taken by her in violation of law as she was not entitled for this amount due to coverage of ESI. After hearing from the employee adjust this amount form her full & final payment by making a speaking order.
Regards
R.N.KHOLA
Sr Associate
Skylark associates, Gurgaon
09810405361
From India, Delhi
In this case you are required to issue notice to the concerned woman employee for recovery of the amount paid to him in ignorance by you or for amount taken by her in violation of law as she was not entitled for this amount due to coverage of ESI. After hearing from the employee adjust this amount form her full & final payment by making a speaking order.
Regards
R.N.KHOLA
Sr Associate
Skylark associates, Gurgaon
09810405361
From India, Delhi
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ESI BENEFIT.xls
Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf
Sickness Benefit under ESI.docx