Dear Madhu ji,
With due respect to you, I submit as under:
When IW is on maternity leave, how the employer can pay wages to her? This is my first question.
The IW has an evidence that she was on ML and she has delivered a baby. She has also an evidence that her employer engaged a substitute person on leave vacancy.
The employer is in grave mistake. If the IW takes up this matter with Corporation, the Corporation has to investigate in to this and pay the benefits to the IW. However, the employer will come in trouble definitely.
If the employer compensate the IW and close the chapter then there is a chance to employer to avoid legal action against him by Corporation.
Initially I decided not to respond further in this thread due to time constraint. But to facilitate the original poster to give justice to IW, I could not stop myself.
From India, Mumbai
2556With due respect to you, I submit as under:
When IW is on maternity leave, how the employer can pay wages to her? This is my first question.
The IW has an evidence that she was on ML and she has delivered a baby. She has also an evidence that her employer engaged a substitute person on leave vacancy.
The employer is in grave mistake. If the IW takes up this matter with Corporation, the Corporation has to investigate in to this and pay the benefits to the IW. However, the employer will come in trouble definitely.
If the employer compensate the IW and close the chapter then there is a chance to employer to avoid legal action against him by Corporation.
Initially I decided not to respond further in this thread due to time constraint. But to facilitate the original poster to give justice to IW, I could not stop myself.
From India, Mumbai
Thank you all of you for guiding so well. To my knowledge the employer has agreed to its mistake and is going to pay the employee 3 months salary as her maternity benefit. Now I think there would not be any issue regarding the benefit. It is all the same if the employee gets benefit from ESIC corporation or from the employer. At the end she is getting her benefit.
Thanking Everyone who took part in this conversation.
From India, Chandigarh
Thanking Everyone who took part in this conversation.
From India, Chandigarh
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Introduction Of Self-Declaratio n Form For Insured Woman Relating To Maternity Benefit Under ESI .pdf