Saswata,
Pertinent observation.
What she should do is fill in the forms specified by Maternity Benefits Act for claiming benefits and directly send it by post(SpeedPost) to the Labour Commissioner with a explanatory letter explaining clearly that employer is refusing her benefits and not answering her queries.
The office of labour commissioner having jurisdiction over the factory should be approached.
Off course if she has has some one in home town)presuming it is in same state),they can approach local labour office for clarifications and help.
From India, Pune
3131Pertinent observation.
What she should do is fill in the forms specified by Maternity Benefits Act for claiming benefits and directly send it by post(SpeedPost) to the Labour Commissioner with a explanatory letter explaining clearly that employer is refusing her benefits and not answering her queries.
The office of labour commissioner having jurisdiction over the factory should be approached.
Off course if she has has some one in home town)presuming it is in same state),they can approach local labour office for clarifications and help.
From India, Pune
I wish to endorse the rejoinder of Mr.Nathrao which has answered the queries. However I may add, reg.jurisdiction it's always the place where the Estt. is situated and not the domicile as the 'cause of action' arises from the Employer which should form the criteria. I doubt whether the ALC of domicile will entertain this for want of jurisdiction....
From India, Bangalore
From India, Bangalore
----------------
It's suggested that firstly she should issue a letter informing her details seeking the maternity leave/benefits to her and obtain proper ackmt. If they are not approving she should fill up the relevant Forms attached to my earlier post, enclosed documentary evidences/Medical reports and handover to the HOD & HR and obtain ackmt. Even after this if the employer is not relenting then she should fill the other Complaint Form and preferably meet the ALC/Labour Inspector/Officer having the jurisdiction over their Estt. file the complaint, obtain ackmt. and act as per their directions. If this process is not resulting in restoring legal rights, she should immediately consult/hand over the matter to an able advocate for pursuing legal course.
If she is in a position to contact herself with relevant authorities she can take advices from the following contact details (this is suggested in the absence of details of her employer) :
National Commission for Women
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
91-11-23234918, 23222845
Complaints Cell :: 91-11-23213419,
91-11-23219750,
91-11-23236153 (Telefax)
Email :: ncw[at]nic[dot]in
Complaint Cell :: complaintcell-ncw[at]nic[dot]in
Research & Study Cell :: sro-ncw[at]nic[dot]in
Legal Cell :: lo-ncw[at]nic[dot]in
RTI Cell :: rticell-nc[at]nic[dot]in
NRI Cell :: nricell-ncw[at]nic[dot]in
North East Cell :: northeastcell-ncw[at]nic[dot]in
National Commission for Women, New Delhi, India
------------
In case her estt. is in other states, states' contact addresses can be had from the NCW web site noted above.
All the best M'm.
From India, Bangalore
It's suggested that firstly she should issue a letter informing her details seeking the maternity leave/benefits to her and obtain proper ackmt. If they are not approving she should fill up the relevant Forms attached to my earlier post, enclosed documentary evidences/Medical reports and handover to the HOD & HR and obtain ackmt. Even after this if the employer is not relenting then she should fill the other Complaint Form and preferably meet the ALC/Labour Inspector/Officer having the jurisdiction over their Estt. file the complaint, obtain ackmt. and act as per their directions. If this process is not resulting in restoring legal rights, she should immediately consult/hand over the matter to an able advocate for pursuing legal course.
If she is in a position to contact herself with relevant authorities she can take advices from the following contact details (this is suggested in the absence of details of her employer) :
National Commission for Women
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
91-11-23234918, 23222845
Complaints Cell :: 91-11-23213419,
91-11-23219750,
91-11-23236153 (Telefax)
Email :: ncw[at]nic[dot]in
Complaint Cell :: complaintcell-ncw[at]nic[dot]in
Research & Study Cell :: sro-ncw[at]nic[dot]in
Legal Cell :: lo-ncw[at]nic[dot]in
RTI Cell :: rticell-nc[at]nic[dot]in
NRI Cell :: nricell-ncw[at]nic[dot]in
North East Cell :: northeastcell-ncw[at]nic[dot]in
National Commission for Women, New Delhi, India
------------
In case her estt. is in other states, states' contact addresses can be had from the NCW web site noted above.
All the best M'm.
From India, Bangalore
"....After knowing about my pregnancy my employer started harassing me. 1st they ask to work in half salary and when I argue they kept my salary on hold for two months. In October I inform them I will be going on maternity leave they did not say anything and till date I have not received my salary. Instead they are asking me to resign and not interested in talking about maternity.
I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.".......
She did tell us that she informed (whom ??) in Oct. about her intention and about the pregnancy. She also has an idea about the Labour Commr.'s role in this. In all probability she might deliver soon. I'm not sure whether she will be in a fit condition to travel from her native place (where) to Delhi to lodge the complaint. In the circumstances my suggestions are -
She should authorise her husband or brother/sister to help her out and arrange filling up the Form No.B,D,E,G,H (in 4 sets) and take it Delhi to file with the employer and the jurisdictional LC. with a covering letter stating her condition does not allow her to move for this purpose. Or utilise the services of an advocate who might do a better job for a fee who would directly approach the LC and insist for an order to be passed for immediate payment of withheld salary, Bonus and Leave salary as well. Forms are reproduced here for convenience of member.
-------
FORM G
[See rule 9]
(APPEAL under sub-section (2) of section 12 and request that the
said employer be ordered to pay the above mentioned amount )
To
The Competent Authority
(Appointed under the Maternity Benefit Act, 1961).
……(Address)
Sir,
I,…, the undersigned, woman employee of…..(name and full address 1[mine or circus]) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion} for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.
Date……. Signature or
thumb impression of the woman
Signature of an Attestor in case the woman is
not able to sign and affixes thumb impression.
Full address of the nominee/legal representative
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
------------
FORM H
[See rule 10]
(Complaint for the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A]
10 but the same has been improperly withheld by the employer)
To
The Inspector,
(Under the Maternity Benefit Act, 1961)
Sir,
I…… (name of woman) employed in…… (name and full address of 2[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs……. being maternity benefit and/or Rs……. being the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.
Date…… Signature or
thumb impression of the woman
Signature of an Attestor in case the woman
is unable to sign and affixes thumb impression.
Date…… Full address of the woman.
1. Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
2. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
--------------
FORM B
[See rule 4(1)]
This is to certify that I examined…. wife /daughter of ….. a woman employee in…… (name of 1[mine or circus]) on…... (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has undergone miscarriage/ [Medical termination of pregnancy or tubectomy operation]/has been delivered of a child on….. (date) or is suffering from…..(date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/1[Medical termination of pregnancy or tubectomy operation ].
Signature, qualifications and designation of
Medical Officer/Medical Practitioner.
Date…..
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961.-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
----------------
FORM D
[See rule 4(5)]
This is to certify that I examined….wife/daughter of….a woman employed in……(name of 1[mine or circus]) and found that she has been delivered of a child/has undergone miscarriage on…..(date)
Signature of registered midwife.
Date….
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------
FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To
….(name of 1[mine or circus])
I….(name of woman) wife/daughter of…..employed as…..at…..(name of 1[mine or circus]), hereby give notice that 1 expect to be confined within six weeks next following from the date of this notice/have given birth to a child on…..(date) and shall be absent from work from…..(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate….. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Signature of an Attestor in case
the woman is not able to sign
and affix thumb impression.
Signature or impression of woman
Date…..
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form H Maternity Benefit (Mines and Circus) Rules, 1961 - Form H
----------
Wish the member and the child in waiting, safe/healthy comfortable birth. May God bless them and be with them always.
From India, Bangalore
I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.".......
She did tell us that she informed (whom ??) in Oct. about her intention and about the pregnancy. She also has an idea about the Labour Commr.'s role in this. In all probability she might deliver soon. I'm not sure whether she will be in a fit condition to travel from her native place (where) to Delhi to lodge the complaint. In the circumstances my suggestions are -
She should authorise her husband or brother/sister to help her out and arrange filling up the Form No.B,D,E,G,H (in 4 sets) and take it Delhi to file with the employer and the jurisdictional LC. with a covering letter stating her condition does not allow her to move for this purpose. Or utilise the services of an advocate who might do a better job for a fee who would directly approach the LC and insist for an order to be passed for immediate payment of withheld salary, Bonus and Leave salary as well. Forms are reproduced here for convenience of member.
-------
FORM G
[See rule 9]
(APPEAL under sub-section (2) of section 12 and request that the
said employer be ordered to pay the above mentioned amount )
To
The Competent Authority
(Appointed under the Maternity Benefit Act, 1961).
……(Address)
Sir,
I,…, the undersigned, woman employee of…..(name and full address 1[mine or circus]) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion} for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.
Date……. Signature or
thumb impression of the woman
Signature of an Attestor in case the woman is
not able to sign and affixes thumb impression.
Full address of the nominee/legal representative
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
------------
FORM H
[See rule 10]
(Complaint for the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A]
10 but the same has been improperly withheld by the employer)
To
The Inspector,
(Under the Maternity Benefit Act, 1961)
Sir,
I…… (name of woman) employed in…… (name and full address of 2[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs……. being maternity benefit and/or Rs……. being the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.
Date…… Signature or
thumb impression of the woman
Signature of an Attestor in case the woman
is unable to sign and affixes thumb impression.
Date…… Full address of the woman.
1. Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
2. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
--------------
FORM B
[See rule 4(1)]
This is to certify that I examined…. wife /daughter of ….. a woman employee in…… (name of 1[mine or circus]) on…... (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has undergone miscarriage/ [Medical termination of pregnancy or tubectomy operation]/has been delivered of a child on….. (date) or is suffering from…..(date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/1[Medical termination of pregnancy or tubectomy operation ].
Signature, qualifications and designation of
Medical Officer/Medical Practitioner.
Date…..
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961.-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
----------------
FORM D
[See rule 4(5)]
This is to certify that I examined….wife/daughter of….a woman employed in……(name of 1[mine or circus]) and found that she has been delivered of a child/has undergone miscarriage on…..(date)
Signature of registered midwife.
Date….
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------
FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To
….(name of 1[mine or circus])
I….(name of woman) wife/daughter of…..employed as…..at…..(name of 1[mine or circus]), hereby give notice that 1 expect to be confined within six weeks next following from the date of this notice/have given birth to a child on…..(date) and shall be absent from work from…..(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate….. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Signature of an Attestor in case
the woman is not able to sign
and affix thumb impression.
Signature or impression of woman
Date…..
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form H Maternity Benefit (Mines and Circus) Rules, 1961 - Form H
----------
Wish the member and the child in waiting, safe/healthy comfortable birth. May God bless them and be with them always.
From India, Bangalore
The long and short of the story is clear-employer has no legal right to stop/with hold salary during maternity period.
Maternity Benefits Act has codified the privileges and rights of lady employees.
Employer needs to follow the law willingly.
If he fails there are people who will advice beneficiaries the way to secure legitimate rights enshrined in law of the land.
Denying such payments/delayng such payments only shows how some can be penny wise and pound foolish.
From India, Pune
Maternity Benefits Act has codified the privileges and rights of lady employees.
Employer needs to follow the law willingly.
If he fails there are people who will advice beneficiaries the way to secure legitimate rights enshrined in law of the land.
Denying such payments/delayng such payments only shows how some can be penny wise and pound foolish.
From India, Pune
— — — — — — If Ms.AT’s estt. is covered under the Payment of Wages Act, non payment of salary may attract penal provisions under this Act as well.
From India, Bangalore
From India, Bangalore
Ms.AT, you’ll have some more reference on the Maternity issue in attached extracts.
From India, Bangalore
From India, Bangalore
I want to understand, does all the companies by default are covered under maternity benefit act? Or is it that some kind of registration is needed etc.
From India, Pune
From India, Pune
Sir, I appointed as a typist in Government Sector (PWD) on 09.10.2014. I took a maternity leave for 25.10.2014 onwards. I rejoin my duty on 01.04.2015. Maternity period from 25.10.2014 to 31.03.2015, i got a Loss of Pay. If any, Government Gos are available for that one
From India, Madurai
From India, Madurai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Salary-Note.doc
SALARY SHEET CALCULATION.xls