Dear Seniors,
I have posted this issue so many items but i didn't get reply so far.
Acc. to maternity law, the policy given if an employee worked in a company not less than 80 days,
Then the employeer has to do average pay for the 12 weeks.
I want to know what is the average Pay?
I have checked most of the companies in india paying full salary , there is no deduction, but as per policy what is the exact criteria to pay?
FOr example IF basic - 3900, HRA 3000, Cony- 800, Special Allow. - 1200, Edu.Allow. - 100 = 10000, what is the average salary/pay?
Please help me in this.
From India, Pune
1I have posted this issue so many items but i didn't get reply so far.
Acc. to maternity law, the policy given if an employee worked in a company not less than 80 days,
Then the employeer has to do average pay for the 12 weeks.
I want to know what is the average Pay?
I have checked most of the companies in india paying full salary , there is no deduction, but as per policy what is the exact criteria to pay?
FOr example IF basic - 3900, HRA 3000, Cony- 800, Special Allow. - 1200, Edu.Allow. - 100 = 10000, what is the average salary/pay?
Please help me in this.
From India, Pune
Dear Ramya, The employer has to pay full salary i.e Rs,. 10,000 to the employee for the period she is eligible for. Regards, Surya Mukherjee
From India, Pune
From India, Pune
Dear Ms. Surya Mukherjee, Thank yu for your immediate response, then why in the policy it has given as Average Pay, do u mean to say avg pay means full salary. Regards, Ramya Shnakr
From India, Pune
From India, Pune
Hi Ramya,
When you are providing the salary components[basic - 3900, HRA 3000, Cony- 800, Special Allow. - 1200, Edu.Allow. - 100 = 10000], you are assuming it to be constant during the period. What if the HRA or Conveyance was variable during her earliar tenure with the organisation?
Average has been used here so that incase there is a dispute regarding breakup and determination of payment for the Maternity leave period, the same can be resolved by "Average" payout.
To be precise- We pay full salary so as avoid any dispute of Payment of Wages.
Play safe.
Meraj
When you are providing the salary components[basic - 3900, HRA 3000, Cony- 800, Special Allow. - 1200, Edu.Allow. - 100 = 10000], you are assuming it to be constant during the period. What if the HRA or Conveyance was variable during her earliar tenure with the organisation?
Average has been used here so that incase there is a dispute regarding breakup and determination of payment for the Maternity leave period, the same can be resolved by "Average" payout.
To be precise- We pay full salary so as avoid any dispute of Payment of Wages.
Play safe.
Meraj
For the purposes of paying maternity benefit to woman worker, the average daily wages means the average of the woman's wages payable to her for the days on which she has worked during the period of three calender months immediately preceding the date from which she absent herself on account of maternity, or one rupee a day, which ever is higher.
Section 5(2) of maternity benefit act provide that no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
Section 5(2) of maternity benefit act provide that no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
Dear Friends,
in the Indian Labour Act 'the mean Average Pay' is not clearly mentioned. But according to the Minimum Wages Act states that the respective state Governments may fix the Minimum Wages according to their Official Gazette Notifications, The Contract Labour Act (R&A) is also states like that. We have to follow the acts like that. If any organisation is paying more than stipulated minimum wages, the Labour Department May not object. But internally (according to your organisation chart) while fixing the Salaries / Wages you have to follow the individual cadres, designations etc, taken into perview. If not Ex; one operator in the same cadres salary different from the same experience with the other is not acceptable and not fair.
Further you may go through the Minimum Wages Act, Payment of Wages act & Contract Labour Act.
Regards,
PBS KUMAR
From India, Kakinada
in the Indian Labour Act 'the mean Average Pay' is not clearly mentioned. But according to the Minimum Wages Act states that the respective state Governments may fix the Minimum Wages according to their Official Gazette Notifications, The Contract Labour Act (R&A) is also states like that. We have to follow the acts like that. If any organisation is paying more than stipulated minimum wages, the Labour Department May not object. But internally (according to your organisation chart) while fixing the Salaries / Wages you have to follow the individual cadres, designations etc, taken into perview. If not Ex; one operator in the same cadres salary different from the same experience with the other is not acceptable and not fair.
Further you may go through the Minimum Wages Act, Payment of Wages act & Contract Labour Act.
Regards,
PBS KUMAR
From India, Kakinada
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