Dear Seniors,
I have been working with the academic institution for the past 4 years, and I have applied for maternity leave now. My employer bluntly refuses to give me the same, saying he does not follow the provisions of the act. Please guide me as to what legal options are available to me.
From India, Gurgaon
Acknowledge(0)
Amend(0)
I have been working with the academic institution for the past 4 years, and I have applied for maternity leave now. My employer bluntly refuses to give me the same, saying he does not follow the provisions of the act. Please guide me as to what legal options are available to me.
From India, Gurgaon
Acknowledge(0)Amend(0)
Dear Member,
If your academic institution is covered under Shops and Establishments, then you would be entitled to maternity benefits as prescribed under Section 31 of the Punjab Shops and Establishment Act, 1958, and Rule 12 of the Punjab Shops and Establishments Rules, 1958.
The statement is made based on the understanding that you are working in Gurgaon. If you are working in any other state, you may have to refer to the respective state act and rules.
Regards,
Preetam Deshpande
From India, Mumbai
Acknowledge(0)Amend(0)
137If your academic institution is covered under Shops and Establishments, then you would be entitled to maternity benefits as prescribed under Section 31 of the Punjab Shops and Establishment Act, 1958, and Rule 12 of the Punjab Shops and Establishments Rules, 1958.
The statement is made based on the understanding that you are working in Gurgaon. If you are working in any other state, you may have to refer to the respective state act and rules.
Regards,
Preetam Deshpande
From India, Mumbai
Acknowledge(0)Amend(0)
I have copied 3 abstracts from Maternity Rule which is self-explanatory and is mentioned herein below:
Any woman employed in an establishment and entitled to maternity benefit under the provisions of the Act may give notice in writing in Form 1 appended to the Maternity Benefit Rules to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she received maternity benefit.
When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivations is communicated to her, appeal in Form 5 appended to the Maternity Benefit Rules to the Competent Authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.
Hope that your query must have resolved.
From India, Ahmadabad
Acknowledge(0)Amend(0)
Any woman employed in an establishment and entitled to maternity benefit under the provisions of the Act may give notice in writing in Form 1 appended to the Maternity Benefit Rules to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she received maternity benefit.
When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivations is communicated to her, appeal in Form 5 appended to the Maternity Benefit Rules to the Competent Authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.
Hope that your query must have resolved.
From India, Ahmadabad
Acknowledge(0)Amend(0)
Dear Member,
The Maternity Benefit Act, 1961 applies to a factory, mine, or plantation, as well as in shops and establishments. The terms factory, mine, or plantations have been defined the same as in the respective Acts, viz. the Factories Act, Plantation Labour Act, and Mines Act. The terms shops and establishments have been defined as those in which ten or more persons were or are employed. However, the appropriate State Government has the power to extend the provisions of the above Act to other establishments/shops.
Firstly, you must ascertain whether the provisions of the above Act are applicable in the academic institution where you are working. Thereafter, you can take up the matter with the appropriate authority of your area designated under the above Act for the redressal of your grievance/claim.
With regards;
From India, Noida
Acknowledge(0)Amend(0)
The Maternity Benefit Act, 1961 applies to a factory, mine, or plantation, as well as in shops and establishments. The terms factory, mine, or plantations have been defined the same as in the respective Acts, viz. the Factories Act, Plantation Labour Act, and Mines Act. The terms shops and establishments have been defined as those in which ten or more persons were or are employed. However, the appropriate State Government has the power to extend the provisions of the above Act to other establishments/shops.
Firstly, you must ascertain whether the provisions of the above Act are applicable in the academic institution where you are working. Thereafter, you can take up the matter with the appropriate authority of your area designated under the above Act for the redressal of your grievance/claim.
With regards;
From India, Noida
Acknowledge(0)Amend(0)
Dear Shabathia,
I may not be familiar with your labor laws in your country, but leaves of this kind are allowed with accompanying compensation, and your employer should abide because this is your privilege. You may check with your country's labor department or ministry and seek their help.
Regards.
From Philippines, Davao City
Acknowledge(0)Amend(0)
I may not be familiar with your labor laws in your country, but leaves of this kind are allowed with accompanying compensation, and your employer should abide because this is your privilege. You may check with your country's labor department or ministry and seek their help.
Regards.
From Philippines, Davao City
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Principal employer liable if contractor fails to pay wages to workers Delhi High Court Judgement.pdf
Latest gujarat 6 pay modified.xls