Dear experts,
According to my company's Maternity Leave Policy, one month's salary will be retained before going on maternity leave, along with a written commitment of continued service with the company for a year. I wish to know if the Maternity Leave Policy covers such a 'clause.' Does my company have the right to legally implement such a clause? Please provide me with the right knowledge of it.
Thank you,
Regards,
Kappu
From India, Pune
4According to my company's Maternity Leave Policy, one month's salary will be retained before going on maternity leave, along with a written commitment of continued service with the company for a year. I wish to know if the Maternity Leave Policy covers such a 'clause.' Does my company have the right to legally implement such a clause? Please provide me with the right knowledge of it.
Thank you,
Regards,
Kappu
From India, Pune
Dear Kappu, Please find the attachments. May be helpful to you. Regards, M S V R K S.
From India, Bangalore
From India, Bangalore
There is no such a clause in the MB Act 1961, and any policy designed by an organization which is against and contrary to the MB Act is illegal. regards, Kamal
From India, Pune
From India, Pune
Dear KVE,
The maternity leave policy as stated by you is patently illegal. If the Payment of Wages Act is applicable, then the company would be violating the provisions of the Act regarding the time of payment of wages.
With regards,
From India, Madras
The maternity leave policy as stated by you is patently illegal. If the Payment of Wages Act is applicable, then the company would be violating the provisions of the Act regarding the time of payment of wages.
With regards,
From India, Madras
Dear all,
Thank you for your precious inputs. After having addressed my concern in general to my boss and the HR Manager (i.e., I didn't mention the illegality of this policy to my boss or the HR manager), I've been told that the HR policy cannot be waived off for anyone.
What are your further suggestions?
Once again, thank you.
Regards, Kappu
From India, Pune
Thank you for your precious inputs. After having addressed my concern in general to my boss and the HR Manager (i.e., I didn't mention the illegality of this policy to my boss or the HR manager), I've been told that the HR policy cannot be waived off for anyone.
What are your further suggestions?
Once again, thank you.
Regards, Kappu
From India, Pune
Dear Mr. KVE,
A policy that is contrary to the provisions of the law is not a policy at all. Probably, the management wants to learn a lesson the hard way. My sincere wish is that better counsel prevails over the management before they are hauled up by either the Courts or the State Human Rights Commission or the State Women's Commission.
From India, Madras
A policy that is contrary to the provisions of the law is not a policy at all. Probably, the management wants to learn a lesson the hard way. My sincere wish is that better counsel prevails over the management before they are hauled up by either the Courts or the State Human Rights Commission or the State Women's Commission.
From India, Madras
If your management is that rigid and happy with their policy, which is contrary to the provisions of the law, then you should inform them about their statutory obligations in black and white. Include all legal aspects and provisions of the MB Act.
Thank you!
From India, Pune
Thank you!
From India, Pune
Really surprised to read a policy for the first time which benefits the company. First, as humans, we must acknowledge the truth that life is too precious and maternity is a blessed time for a child to grow. Maternity leave is a must, and the Maternity Benefit Act is for people to think and act human. If a company forms such a rule, it needs to be addressed with top management, if not with the Women and Human Rights Cell. Retaining the salary of an employee who is to go for leave is unacceptable because whether you earn well or not, one needs money during that time. People need to be human. Life is complicated; you will receive what you give away. It's a payback in all we do. Moreover, all of us go through this part in our family. I think our seniors would guide well to take it further.
From India, Madras
From India, Madras
1. Is the company not giving you maternity leave?
2. It seems like they are asking for a retention amount and a written commitment from you to join back after 3 months of leave.
3. They are probably asking for a bond, like few companies ask for a bond during joining.
4. How is this bond related to the Maternity Benefit Act?
5. What in the Maternity Benefit Act are they violating? You must be definitely in an IT or an IT company where such bond thing comes.
6. You mentioned they will retain a month's salary before you go on leave. Are they withholding the salary, or is it in installments that you can pay?
From China
2. It seems like they are asking for a retention amount and a written commitment from you to join back after 3 months of leave.
3. They are probably asking for a bond, like few companies ask for a bond during joining.
4. How is this bond related to the Maternity Benefit Act?
5. What in the Maternity Benefit Act are they violating? You must be definitely in an IT or an IT company where such bond thing comes.
6. You mentioned they will retain a month's salary before you go on leave. Are they withholding the salary, or is it in installments that you can pay?
From China
Dear Ms. Pratibha,
Please refer to section 6(5) of the Maternity Benefit Act. This subsection specifically states that the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant. The amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
According to section 6(6) of the MB Act, the failure to give notice under section 6 will not disentitle a woman to maternity benefit. The law is very clear, excepting for the want of proof of pregnancy and/or the want of proof of delivery of the child, the employer cannot refuse to give maternity benefit. Any other condition imposed by the employer for the payment of the maternity benefit is per se illegal and actionable. Perhaps no one would come forward to initiate action against the erring employer. Retention of one month's salary is also illegal per se as the employer is violating the appointment order, which is nothing but a contract. In case the Payment of Wages Act is applicable, the employer would have violated that Act as well.
With regards,
From India, Madras
Please refer to section 6(5) of the Maternity Benefit Act. This subsection specifically states that the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant. The amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
According to section 6(6) of the MB Act, the failure to give notice under section 6 will not disentitle a woman to maternity benefit. The law is very clear, excepting for the want of proof of pregnancy and/or the want of proof of delivery of the child, the employer cannot refuse to give maternity benefit. Any other condition imposed by the employer for the payment of the maternity benefit is per se illegal and actionable. Perhaps no one would come forward to initiate action against the erring employer. Retention of one month's salary is also illegal per se as the employer is violating the appointment order, which is nothing but a contract. In case the Payment of Wages Act is applicable, the employer would have violated that Act as well.
With regards,
From India, Madras
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