Dear Ms.Revathi Dev
Have you given notice of the delivery. If not give it now. There is no time limit for claiming the maternity benefit. But take care to issue the notice. You may ask for the inlcusion of the maternity benefit in the final settlement. If the employer is not conceding the request, after leaving the company you may prefer a complaint to the concerned inspector. The Inspector has to act on it.
With regards
From India, Madras
169Have you given notice of the delivery. If not give it now. There is no time limit for claiming the maternity benefit. But take care to issue the notice. You may ask for the inlcusion of the maternity benefit in the final settlement. If the employer is not conceding the request, after leaving the company you may prefer a complaint to the concerned inspector. The Inspector has to act on it.
With regards
From India, Madras
Dear Mr.Harikrishnan
Further to our earlier discussions, i have got a offer with another company.
1)As per appt letter, it is required to give 1 month notice so i gave the resignation letter. But the company has relieved me in 2 days time which renders me jobless for 3 weeks in between without pay.
2) No salary paid for the last month of service since i gave resignation letter before salary deposit date.
3) They refused to give maternity leave pay saying it is a "partnership" concern and hence no such rules apply.
Now that i am keen to move out of the company, please let me know if i can take legal action and write to the company on my intention to do so...
Please advice.
Regards
Revathi
From United States, Cambridge
Further to our earlier discussions, i have got a offer with another company.
1)As per appt letter, it is required to give 1 month notice so i gave the resignation letter. But the company has relieved me in 2 days time which renders me jobless for 3 weeks in between without pay.
2) No salary paid for the last month of service since i gave resignation letter before salary deposit date.
3) They refused to give maternity leave pay saying it is a "partnership" concern and hence no such rules apply.
Now that i am keen to move out of the company, please let me know if i can take legal action and write to the company on my intention to do so...
Please advice.
Regards
Revathi
From United States, Cambridge
Dear Mr.Harikrishnan, Could you please help me with the query if the maternity act applicable to partnership concern. Rgds Revathi D
From United States, Cambridge
From United States, Cambridge
Dear Ms.Revathi D
"Partnership" is a form of ownership like "proprietorship" "private limited company" and "public limited company". The applicability of the Maternity Benefit Act is not dependent on the form of ownership of the establishment. It depends on whether the establishment is listed in section 2(1) of the Maternity Benefit Act. The Act applies to a factory, mine or a plantation. It also applies to a shop or establishment in which ten or more persons were employed on any day during the preceding twelve calendar months. Therefore if the conditions of applicability as stated above are satisfied in the case of the establishment in which you worked, then the MB Act is applicable.
With regards
From India, Madras
"Partnership" is a form of ownership like "proprietorship" "private limited company" and "public limited company". The applicability of the Maternity Benefit Act is not dependent on the form of ownership of the establishment. It depends on whether the establishment is listed in section 2(1) of the Maternity Benefit Act. The Act applies to a factory, mine or a plantation. It also applies to a shop or establishment in which ten or more persons were employed on any day during the preceding twelve calendar months. Therefore if the conditions of applicability as stated above are satisfied in the case of the establishment in which you worked, then the MB Act is applicable.
With regards
From India, Madras
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf