Reference to The Maternity Benefit Act, A.P Shops & Establishment Act, The Factories Act & The ESI Act,
Every employer is bound to give Maternity benefit while paying 3 months salary to any female employee who wish to avail this benefit.. Either ESI Act or The Maternity benefit act shall apply in any case where any female employee working in Shops or Commercial establishment, Factory.
Maternity benefit is mandatory to any female employee.
During Maternity no female employee shall be removed from service once any employee Maternity conceived.
Mohanrao\9391381432.
From India, Hyderabad
Every employer is bound to give Maternity benefit while paying 3 months salary to any female employee who wish to avail this benefit.. Either ESI Act or The Maternity benefit act shall apply in any case where any female employee working in Shops or Commercial establishment, Factory.
Maternity benefit is mandatory to any female employee.
During Maternity no female employee shall be removed from service once any employee Maternity conceived.
Mohanrao\9391381432.
From India, Hyderabad
Dear Ms.Revathy
Please inform me whether you have documents to establish the employer employee relationship like appointment order or the salary slip or the slip issued by the PF officials. How was your salary disbursed? Please also inform me whether the premises where you worked was inspected by the Inspector of Factories or the Inspector/Deputy Inspector/Assistant Inspector of Labour. These informations are necessary for my further views.
With regards
From India, Madras
169Please inform me whether you have documents to establish the employer employee relationship like appointment order or the salary slip or the slip issued by the PF officials. How was your salary disbursed? Please also inform me whether the premises where you worked was inspected by the Inspector of Factories or the Inspector/Deputy Inspector/Assistant Inspector of Labour. These informations are necessary for my further views.
With regards
From India, Madras
Dear Mr.Harikrishnan,
1)To establish my employer-employee relationship-I have an appointment letter, PF no and my salary is credited to bank account directly by the company, i have payslips for 3 months.Attendance register has my name upto July'11.I am not aware if the company is inspected by labour officials (HR says we are not covered by labour office).
2)My prime concerns is since i have proceeded on maternity leave without any "written" information to employer, does it render me ineligible for the maternity leave? (This is the basis on which my company has not paid n removed my name from list).
Kindly help.
Revathi
From United States, Cambridge
1)To establish my employer-employee relationship-I have an appointment letter, PF no and my salary is credited to bank account directly by the company, i have payslips for 3 months.Attendance register has my name upto July'11.I am not aware if the company is inspected by labour officials (HR says we are not covered by labour office).
2)My prime concerns is since i have proceeded on maternity leave without any "written" information to employer, does it render me ineligible for the maternity leave? (This is the basis on which my company has not paid n removed my name from list).
Kindly help.
Revathi
From United States, Cambridge
Dear Ms.Revathi Dev
This point has been answered by another member in this thread. According to the provisions of section 6(3) of the Maternity Benefit Act, any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. Therefore it is sufficient complinace with the provisions relating to giving notice of pregnancy if the required notice is given after delivery if not done before delivery. When once your establishment is convered by EPF I wonder how they say that labour law is not applicable. My surmise based on the information so far furnished by you is that the establishment in which you work is covered by the provisions of the Tamilnadu Shops and Establishments Act subject of course to the place in which it is located. Because the Tamilnadu Shops and Establishments Act is not applicable to certain areas in Tamilnadu. If the TNSE Act is applicable to your establishment, then the Maternity Benefit Act is applicable and you are entitled to get the benefit.If you could give all the information touched upon by me in this thread without making me to surmise and to conjecture, I could have given you a perfect answer for the query made by you. Even now my views are based on surmises and conjectures.
With regards
From India, Madras
This point has been answered by another member in this thread. According to the provisions of section 6(3) of the Maternity Benefit Act, any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. Therefore it is sufficient complinace with the provisions relating to giving notice of pregnancy if the required notice is given after delivery if not done before delivery. When once your establishment is convered by EPF I wonder how they say that labour law is not applicable. My surmise based on the information so far furnished by you is that the establishment in which you work is covered by the provisions of the Tamilnadu Shops and Establishments Act subject of course to the place in which it is located. Because the Tamilnadu Shops and Establishments Act is not applicable to certain areas in Tamilnadu. If the TNSE Act is applicable to your establishment, then the Maternity Benefit Act is applicable and you are entitled to get the benefit.If you could give all the information touched upon by me in this thread without making me to surmise and to conjecture, I could have given you a perfect answer for the query made by you. Even now my views are based on surmises and conjectures.
With regards
From India, Madras
Dear Revathi,
it will be better to share more and relevant info, to suggest keeping legal aspects to get from your Employer. Please let me know the following.
1. Where are you working and your designation ?
2. What is the nature of Business of your establishment.
3. How many employees are there in your organization along with you ?
4. What are the coverages like, ESI, PF, Shops & Establishment, or in your pay slip what are the statutory contributions paid by you ?
5. When did you gave your Maternity intimation to your Employer, if so do you have any proof for it?
6. Does you received your full and final settlement copy or any letter issued to you with regard to removing your name from List. To know this what type of Attendance record you have followed during your normal working time?
Warm regards,
Mohanrao.M
9391381432
From India, Hyderabad
it will be better to share more and relevant info, to suggest keeping legal aspects to get from your Employer. Please let me know the following.
1. Where are you working and your designation ?
2. What is the nature of Business of your establishment.
3. How many employees are there in your organization along with you ?
4. What are the coverages like, ESI, PF, Shops & Establishment, or in your pay slip what are the statutory contributions paid by you ?
5. When did you gave your Maternity intimation to your Employer, if so do you have any proof for it?
6. Does you received your full and final settlement copy or any letter issued to you with regard to removing your name from List. To know this what type of Attendance record you have followed during your normal working time?
Warm regards,
Mohanrao.M
9391381432
From India, Hyderabad
Mr.Mohan
Answering your questions
1. Where are you working and your designation ?
reply:Engineering Consortium as project manager.
2. What is the nature of Business of your establishment.
reply:design and construction site project management.
3. How many employees are there in your organization along with you ?
reply:30+
4. What are the coverages like, ESI, PF, Shops & Establishment, or in your pay slip what are the statutory contributions paid by you ?
reply:PF is paid..
5. When did you gave your Maternity intimation to your Employer, if so do you have any proof for it?
reply:only verbal discussions not in writing,gave rejoining letter in writing.
6. Does you received your full and final settlement copy or any letter issued to you with regard to removing your name from List. To know this what type of Attendance record you have followed during your normal working time?
reply:no intimation of removal from list.my name removed from the attendance list submitted to PF office (they didnt mention name and put L against it).
From United States, Cambridge
Answering your questions
1. Where are you working and your designation ?
reply:Engineering Consortium as project manager.
2. What is the nature of Business of your establishment.
reply:design and construction site project management.
3. How many employees are there in your organization along with you ?
reply:30+
4. What are the coverages like, ESI, PF, Shops & Establishment, or in your pay slip what are the statutory contributions paid by you ?
reply:PF is paid..
5. When did you gave your Maternity intimation to your Employer, if so do you have any proof for it?
reply:only verbal discussions not in writing,gave rejoining letter in writing.
6. Does you received your full and final settlement copy or any letter issued to you with regard to removing your name from List. To know this what type of Attendance record you have followed during your normal working time?
reply:no intimation of removal from list.my name removed from the attendance list submitted to PF office (they didnt mention name and put L against it).
From United States, Cambridge
Dear Revathi,
Please send some additional info.
1. Where are you working i.e where is your office located. ( Required exact Location of your attending office)
2. What is your current employment status and are you attending the same office?
3. In case you are in the current establishment have you received any salary after your rejoining?
Warm regards,
Mohanrao
From India, Hyderabad
Please send some additional info.
1. Where are you working i.e where is your office located. ( Required exact Location of your attending office)
2. What is your current employment status and are you attending the same office?
3. In case you are in the current establishment have you received any salary after your rejoining?
Warm regards,
Mohanrao
From India, Hyderabad
Hello,
Well, after the replies from all , especially Mr.Hari & Mr.Mohan, i had asked my HR person on the said issue. I got a reply that since it was a "partnership" concern, the rule doesnt apply..But the Form Q for Establishment act is followed(from which my name is removed). HR says they r doing as per rules. Indirectly indicated i may be terminated if i raise an issue of this....i cant risk losing the job...well i'm stuck...
Regards
Revathi
From United States, Cambridge
Well, after the replies from all , especially Mr.Hari & Mr.Mohan, i had asked my HR person on the said issue. I got a reply that since it was a "partnership" concern, the rule doesnt apply..But the Form Q for Establishment act is followed(from which my name is removed). HR says they r doing as per rules. Indirectly indicated i may be terminated if i raise an issue of this....i cant risk losing the job...well i'm stuck...
Regards
Revathi
From United States, Cambridge
Dear Ms.Revathidev
I really feel sorry for your predicament. I know from my experience that this is how the situation would develop. I refrained from putting forth this to you as this would have discouraged you if not made you angry. This is another classic example of the ineffectiveness of the Indian labour laws.
With regards
From India, Madras
I really feel sorry for your predicament. I know from my experience that this is how the situation would develop. I refrained from putting forth this to you as this would have discouraged you if not made you angry. This is another classic example of the ineffectiveness of the Indian labour laws.
With regards
From India, Madras
Dear Mr.Harikrishnan,
Thanks for you reply. I am looking for better job and plan to quit in few months. Is it ok if i ask for the maternity leave salary while leaving as part of final settlement while leaving??Is there any time limit is claiming the benefit?Can the company hold back my settlements due to this??Please help.
Regards
Revathi
From United States, Cambridge
Thanks for you reply. I am looking for better job and plan to quit in few months. Is it ok if i ask for the maternity leave salary while leaving as part of final settlement while leaving??Is there any time limit is claiming the benefit?Can the company hold back my settlements due to this??Please help.
Regards
Revathi
From United States, Cambridge
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf