Dear All
I work for a NGO and it is registered under the co-operative societies Act. We appoint candidates under training for 1 year (and they are paid allowances, they do not fall in payroll) and then after successful training she/he is appointed under probation for another year (now they come under the payroll). One of our trainee (candidate under training) was not allowed to avail maternity benefit. She worked as trainee for nearly 6 months.
I would like to know if a trainee/an candidate under training can avail maternity benefit. Please let me know how to proceed with this matter. Is there any Act wherein i can refer to. Or any information is welcomed which may be useful to me. I would greatly appreciate your help!
regards
hriem
From India, Bangalore
I work for a NGO and it is registered under the co-operative societies Act. We appoint candidates under training for 1 year (and they are paid allowances, they do not fall in payroll) and then after successful training she/he is appointed under probation for another year (now they come under the payroll). One of our trainee (candidate under training) was not allowed to avail maternity benefit. She worked as trainee for nearly 6 months.
I would like to know if a trainee/an candidate under training can avail maternity benefit. Please let me know how to proceed with this matter. Is there any Act wherein i can refer to. Or any information is welcomed which may be useful to me. I would greatly appreciate your help!
regards
hriem
From India, Bangalore
MB Act does not differentiate between the categories of employees. It merely says "persons employed". In my opinion, trainees are also covered under Maternity Benefit Act. Pon
From India, Lucknow
604From India, Lucknow
When you appoint any candidate it is purely an employment contract/agreement so whether you term it as Trainee or Training it does not affect the benefits of any Act. So how can the Maternity Benefits are denied
From India, Ahmadabad
From India, Ahmadabad
Hreim
Please refer to the Maternity Beneifts Act
The definition of employee, coverage and terms are provided in the act very clearly.
The act provides for all women employees to be given 12 weeks of maternity benefit, irrespective of category of employee, marital status or age. Only they must have worked for more than 80 days at the time of claiming the benefits.
From the little information you have given, it appears that the denial of benefit is illegal.
From India, Mumbai
Please refer to the Maternity Beneifts Act
The definition of employee, coverage and terms are provided in the act very clearly.
The act provides for all women employees to be given 12 weeks of maternity benefit, irrespective of category of employee, marital status or age. Only they must have worked for more than 80 days at the time of claiming the benefits.
From the little information you have given, it appears that the denial of benefit is illegal.
From India, Mumbai
Dear Officer,
The lady is undergoing training and does not comes under the employment(off roll) ,only allowance is getting under the training period.Trainee employee may be and may not be comes under maternity act.
Please send appointment letter of above said candidate then final answer can be given to you.
From India, Delhi
The lady is undergoing training and does not comes under the employment(off roll) ,only allowance is getting under the training period.Trainee employee may be and may not be comes under maternity act.
Please send appointment letter of above said candidate then final answer can be given to you.
From India, Delhi
Hello Nishith I just visited the web address you have posted. Is that as per the Indian law/Act? Please advise.
From India, Bangalore
From India, Bangalore
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf