Dear members,
Please help me.
I am not an HR professional. I work in a pvt ltd software company in Mumbai. We have almost no HR policies documented.
I recently learnt that the company refuses to provide maternity benefits to female emlployees. Employees either have to quit or simply take an unpaid leave. None of this was communicated to me when I joined over a year ago.
The reason given by the management is that an employee may quit after the paid maternity leave so they do not provide it at all.
I read a lot of posts on similar subjects and also the maternity benefit act from which I assume that it is mandatory to provide maternity benefits.
Please let me know what I can do? Can one challenge the mgmt? Will it fructify?
Also, I think it is not against the act that the female employee quit after taking the leave and benefit, or is it?
Kindly advice. This is of utmost importance to me as I will need a maternity leave soon.
Thanks.
From India, Mumbai
Please help me.
I am not an HR professional. I work in a pvt ltd software company in Mumbai. We have almost no HR policies documented.
I recently learnt that the company refuses to provide maternity benefits to female emlployees. Employees either have to quit or simply take an unpaid leave. None of this was communicated to me when I joined over a year ago.
The reason given by the management is that an employee may quit after the paid maternity leave so they do not provide it at all.
I read a lot of posts on similar subjects and also the maternity benefit act from which I assume that it is mandatory to provide maternity benefits.
Please let me know what I can do? Can one challenge the mgmt? Will it fructify?
Also, I think it is not against the act that the female employee quit after taking the leave and benefit, or is it?
Kindly advice. This is of utmost importance to me as I will need a maternity leave soon.
Thanks.
From India, Mumbai
Hi,
Its really mandatory for any org to provide maternity leave, if its really a registered company.
If there is no HR Dept in your company, then its advised to approach the management directly and discuss the issue with them as its a sensitive situation, am sure they would empathize you.
Wish you Good Luck and take care!
From India, Hyderabad
3Its really mandatory for any org to provide maternity leave, if its really a registered company.
If there is no HR Dept in your company, then its advised to approach the management directly and discuss the issue with them as its a sensitive situation, am sure they would empathize you.
Wish you Good Luck and take care!
From India, Hyderabad
Maternity Leave and benefits as provided in the Maternity Benefits Act, 1961 are legal rights of every woman employee who has the minimum service of 80 days. It is a statutory obligation of every employer to provide for such benefits. It is also true that only established concerns with conventional HR practices do provide such benefits and most of the new generation companies get away from such welfare schemes. There are many especially those in IT sector who feel or even claim that these labour laws are not applicable to them (as if they are not working in India!) There are employers who have convinced employees by saying that they do not come under the definition of employee but are 'professionals' and as such these Acts do not apply to them. The employees are also happy with the remuneration and the other facilities including week end enjoyment and given to them. Employers are ready to give better facilities but not prepared to comply with statutory obligations provided in various labour Acts! No body has any grievance and in the absence of any complaint the Labour department can not interfere also.
This is not due to ignorance of law on the part of employers. They know that no body will question if they do not follow the actual track. If a female employee is denied maternity benefits, it is for her only and there seems to be no collective demand for that. Even if she is asked to leave the organisation, she will do that. Here also no body will interfere. This is not the case where conventional HR is being followed. In such organisations every thing will be specefically mentioned in the certified standing orders. Since standing order is certified by an officer not below the rank of Asst. Labour Commissioner, it is expected to be in line with all statutory provisions applicable to the establishment.
If you are capable of raising this issue before the government machinery meant for this, you will get the benefits. But, do not make sure that you will continue in the same organisation in the same manner as before. You may be sidelined and you can not expect a good appraisal in future. As appraisal is purely a decision of the management you can not demand that you must be appraised as outstanding. These are other side of the coin on which the employer puts his final verdict. If he is confident that employees need employment he will hold it for him and the employees lose it.
Therefore, if you are capable of asking for maternity benefits, you can do so. But I repeat, the employee employer relationship you had earlier will cease to exist.
Regards,
Madhu.T.K
From India, Kannur
This is not due to ignorance of law on the part of employers. They know that no body will question if they do not follow the actual track. If a female employee is denied maternity benefits, it is for her only and there seems to be no collective demand for that. Even if she is asked to leave the organisation, she will do that. Here also no body will interfere. This is not the case where conventional HR is being followed. In such organisations every thing will be specefically mentioned in the certified standing orders. Since standing order is certified by an officer not below the rank of Asst. Labour Commissioner, it is expected to be in line with all statutory provisions applicable to the establishment.
If you are capable of raising this issue before the government machinery meant for this, you will get the benefits. But, do not make sure that you will continue in the same organisation in the same manner as before. You may be sidelined and you can not expect a good appraisal in future. As appraisal is purely a decision of the management you can not demand that you must be appraised as outstanding. These are other side of the coin on which the employer puts his final verdict. If he is confident that employees need employment he will hold it for him and the employees lose it.
Therefore, if you are capable of asking for maternity benefits, you can do so. But I repeat, the employee employer relationship you had earlier will cease to exist.
Regards,
Madhu.T.K
From India, Kannur
YES SIR PRESENT SITUATION IT COMPANYS ARE NOT FALLOWING ANY LAW RULES. JUST WAITIG FOR NEXT DAYS SESHU:icon1:
From India, Hyderabad
From India, Hyderabad
Hi! My wife is working with an MNC IT company which has its HO in Bangalore. In her 8th month due to complications, she applied for Maternity Leave. Reply came that her performance has not being satisfactory in last quarter and hence compnay intends to fire her.
They gave an offer of either tender her resignation or go for a leave without pay for 3 months and rejoin. After rejoining, they would review her performance for a month and if found satisfactory, she can continue.
Can she fight for for Maternity Benefit? She has sent a mail accepting for going on 3 months leave without pay.
Please advice.
From India, Hyderabad
They gave an offer of either tender her resignation or go for a leave without pay for 3 months and rejoin. After rejoining, they would review her performance for a month and if found satisfactory, she can continue.
Can she fight for for Maternity Benefit? She has sent a mail accepting for going on 3 months leave without pay.
Please advice.
From India, Hyderabad
Dear
According to section 12 of M B Act,1961,if the woman employee is dismissed due to prescribed gross misconduct & the employer order it in writing to the concerned employee then in that case the employer can deprive her of the maternity benefit or medical bonus or both. In ohter cases if she have worked for 80 days in the unit then she is entitled to this benefit.
Opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
According to section 12 of M B Act,1961,if the woman employee is dismissed due to prescribed gross misconduct & the employer order it in writing to the concerned employee then in that case the employer can deprive her of the maternity benefit or medical bonus or both. In ohter cases if she have worked for 80 days in the unit then she is entitled to this benefit.
Opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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