Hi Everybody
I was surfing the economictimes.com site and read this article on "Cos profit lie on employees wellness" .I found that all the IT companies are introducing innovative methods and benefits especially on the Maternity leave and flexi hours of working etc.
As far as i know all IT companies come under the "Shops and Establishment Act" (Hope i am correct).Now i want to know what is the significance of these laws then in the IT sector when each company adopts its own policies and laws.
What is your opinion and idea on this?
Regards
Ranjani
From India, Madras
I was surfing the economictimes.com site and read this article on "Cos profit lie on employees wellness" .I found that all the IT companies are introducing innovative methods and benefits especially on the Maternity leave and flexi hours of working etc.
As far as i know all IT companies come under the "Shops and Establishment Act" (Hope i am correct).Now i want to know what is the significance of these laws then in the IT sector when each company adopts its own policies and laws.
What is your opinion and idea on this?
Regards
Ranjani
From India, Madras
Dear Ranjani,
Sorry for the inordinately delayed response because only of my recent membership! You are correct that I.T Companies are covered under the States' Shops and Establishments Acts. Section 2(1)(b) of the Maternity Benefit Act,1961 enables its application to shops and establishments in which 10 or more no of persons are/were employed.
The purpose of this special law is to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.
THE REGULATORY ASPECT of this special law comprises of the following:
(1) A woman is entitled to maternity benefit if she has actually worked in an establishment of the employer to whom the claim is made for a period not less than 80 days in the 12 months immediately preceding the date of her expected delivery[ S 5(2) ]
(2) Employment of women knowingly by the employer and work by a woman during the 6 weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy are prohibited [ S 4(1) and (2) ].
(3) The employer shall not require a pregnant woman, on a request is made by her in this regard, to do any arduous nature of work involving long hours of standing or in any way likely to interfere with her pregnancy or the normal development of the foetus or likely to cause miscarriage or otherwise to adversely affect her health during the period of ONE MONTH immediately preceding the period of 6 weeks, BEFORE the date of her expected delivery and any period during the said period of 6 weeks for which the pregnant woman does not avail leave of absence u/s 6[ S 4 (3) & (4) ].
(4) In addition to the normal interval for rest, on returning to work after delivery, a nursing mother should be allowed 2 nursing breaks until the child attains the age of 15 months[S11].
(5) Discharge or dismissal of a woman undergoing maternity leave or for that absence or issuing notice for such purpose which will expire during such absence or varying the conditions of her service to her disadvantage is unlawful [ S 12(1) ].
MATERNITY BENEFITS:
(1) Every woman shall be paid maternity benefit @ average daily wage for the period of her actual absence immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day[ S 5(1)].
(2)The maximum period is 12 weeks of which 6 weeks shall precede the date of her expected delivery[ S 5(3) ]
(3) Every woman entitled to M.B is also to be paid a MEDICAL BONUS of Rs.250/-, if no pre-natal confinement or post-natal care is provided for by the employer free of charge [ S 8 ]
(4) Leave for miscarriage [ S 9].
(5) Leave with wages for tubectomy operation [S 9A]
If the terms and conditions of the Maternity Benefit Policies devised by the Companies by their own are more beneficial in all aspects, pl go ahead !
From India, Salem
6018Sorry for the inordinately delayed response because only of my recent membership! You are correct that I.T Companies are covered under the States' Shops and Establishments Acts. Section 2(1)(b) of the Maternity Benefit Act,1961 enables its application to shops and establishments in which 10 or more no of persons are/were employed.
The purpose of this special law is to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.
THE REGULATORY ASPECT of this special law comprises of the following:
(1) A woman is entitled to maternity benefit if she has actually worked in an establishment of the employer to whom the claim is made for a period not less than 80 days in the 12 months immediately preceding the date of her expected delivery[ S 5(2) ]
(2) Employment of women knowingly by the employer and work by a woman during the 6 weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy are prohibited [ S 4(1) and (2) ].
(3) The employer shall not require a pregnant woman, on a request is made by her in this regard, to do any arduous nature of work involving long hours of standing or in any way likely to interfere with her pregnancy or the normal development of the foetus or likely to cause miscarriage or otherwise to adversely affect her health during the period of ONE MONTH immediately preceding the period of 6 weeks, BEFORE the date of her expected delivery and any period during the said period of 6 weeks for which the pregnant woman does not avail leave of absence u/s 6[ S 4 (3) & (4) ].
(4) In addition to the normal interval for rest, on returning to work after delivery, a nursing mother should be allowed 2 nursing breaks until the child attains the age of 15 months[S11].
(5) Discharge or dismissal of a woman undergoing maternity leave or for that absence or issuing notice for such purpose which will expire during such absence or varying the conditions of her service to her disadvantage is unlawful [ S 12(1) ].
MATERNITY BENEFITS:
(1) Every woman shall be paid maternity benefit @ average daily wage for the period of her actual absence immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day[ S 5(1)].
(2)The maximum period is 12 weeks of which 6 weeks shall precede the date of her expected delivery[ S 5(3) ]
(3) Every woman entitled to M.B is also to be paid a MEDICAL BONUS of Rs.250/-, if no pre-natal confinement or post-natal care is provided for by the employer free of charge [ S 8 ]
(4) Leave for miscarriage [ S 9].
(5) Leave with wages for tubectomy operation [S 9A]
If the terms and conditions of the Maternity Benefit Policies devised by the Companies by their own are more beneficial in all aspects, pl go ahead !
From India, Salem
Hello Ranjani,
The shops and establishment act gives guidance as to a bare minimum process or leaves to be given.
It does not restrict an employer to give more.
For Eg: As per S&E Act, maternity is of 3 months; but I know a few companies who give maternity for as long as 6 months.
Again, the leave policy, a bare minimum of 21 leaves is to be given. But there are many companies (especially in IT industry) who would give leave structure to avail as far as 30-35 leaves per annum and can carry forward or encash certain leaves as well.
IT industry is one of the stressed industry and it is very much evident from the attrition rate of the industry. It has more than double the average attrition in other industries. In order to retain talent, there has to be innovation and certain benefits given to the employees.
Hope it helped. :-)
From India, Mumbai
The shops and establishment act gives guidance as to a bare minimum process or leaves to be given.
It does not restrict an employer to give more.
For Eg: As per S&E Act, maternity is of 3 months; but I know a few companies who give maternity for as long as 6 months.
Again, the leave policy, a bare minimum of 21 leaves is to be given. But there are many companies (especially in IT industry) who would give leave structure to avail as far as 30-35 leaves per annum and can carry forward or encash certain leaves as well.
IT industry is one of the stressed industry and it is very much evident from the attrition rate of the industry. It has more than double the average attrition in other industries. In order to retain talent, there has to be innovation and certain benefits given to the employees.
Hope it helped. :-)
From India, Mumbai
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