Hi My sister in law is working with a hospital on contract basis and is 7 months pregnant. Hospital is not renewing her contract, can anyone help me with the law on this one?
From India, Delhi
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From India, Delhi
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Dear Sharma, you have not mentioned whether Employee is covered under ESI? Please upload Contract Appointment Letter how can we help without knowing facts?
From India, New Delhi
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631From India, New Delhi
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Hospital is entitled not to renew the contract after its expiry period. She will not be covered under ESI as the act is not applicable to hospitals in most states. If yes, she will get maternity benefits as per the provisions of the act.
From India, Mumbai
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From India, Mumbai
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Attaching contract for everyone's reference.
I understand the hospital can terminate a contract, but if the basis of termination is pregnancy, do you think that's legal? I thought we have laws to protect women from such discrimination.
Also, I'm not sure what ESI is. Can you shed more light on this?
Can someone also tell me if contractual employees are entitled to 26 weeks of maternity leave?
From India, Delhi
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I understand the hospital can terminate a contract, but if the basis of termination is pregnancy, do you think that's legal? I thought we have laws to protect women from such discrimination.
Also, I'm not sure what ESI is. Can you shed more light on this?
Can someone also tell me if contractual employees are entitled to 26 weeks of maternity leave?
From India, Delhi
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Dear Sharma,
The duration of the contract is for 1 year. Please refer to Clause No. 5 - Termination of Service, which is self-explanatory. Kindly upload the payslip to determine ESI applicability. Please let us know whether the ESI Act is applicable to the institution.
Thank you.
From India, New Delhi
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The duration of the contract is for 1 year. Please refer to Clause No. 5 - Termination of Service, which is self-explanatory. Kindly upload the payslip to determine ESI applicability. Please let us know whether the ESI Act is applicable to the institution.
Thank you.
From India, New Delhi
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Hospitals in Kerala are covered under shops and commercial establishments Act. So ESI and EPF is applicable.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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If covered under ESI, a woman employee can check her eligibility for maternity benefits by logging into the ESI Portal. Non-renewal or termination of the contract will not be an issue for claiming maternity benefits provided she is eligible for them.
Please let me know if you need any further assistance or clarification.
From India, New Delhi
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Please let me know if you need any further assistance or clarification.
From India, New Delhi
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Hi,
The Act clearly states that the employee should be pregnant, whether she is married or not, to be eligible for maternity benefits. We are required to provide proof of pregnancy, not the source of pregnancy. If any employee becomes pregnant, she will be 100% eligible for all benefits under the Act. Personal circumstances are not considered in the Act.
Vijendra Sharma
9815119500
From India, Bangalore
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The Act clearly states that the employee should be pregnant, whether she is married or not, to be eligible for maternity benefits. We are required to provide proof of pregnancy, not the source of pregnancy. If any employee becomes pregnant, she will be 100% eligible for all benefits under the Act. Personal circumstances are not considered in the Act.
Vijendra Sharma
9815119500
From India, Bangalore
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Right to payment of maternity benefits.doc