I am working in an MNC organization in the sales back end for nearly 10 years. I have one child who is 2 years old. Due to the baby, I am not able to go to the office on time, so I have received a memo for late coming. Additionally, our godown was shifted to Bangalore, so billing stopped from my side. I only have booking access. Last year, I did not get my increment. The company did not provide a reason; it was informed indirectly that all processes have started from Bangalore. Last month, the end booking also stopped, and the information was given by BH verbally. Until now, I have not received any mail or paper from HR. Within a day, I sent an email to HR informing them that I am pregnant with my second child, and the delivery date is given as 28.08.2018. I confirmed if I am eligible for ESI, and they replied that I can avail ESI benefits and need to provide my documents, such as the ESIC card, for attendance purposes.
I want to know if this month I don't have work, and next month, at the end, I have my delivery. In between, will any action be taken, like termination, because I have six months of leave eligibility and can avail the benefits from ESI only if I am in the job. I want to know if there is any option for termination or if they will wait until my rejoining (it is a corporate company with three to four companies under it). Please advise.
From India
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I want to know if this month I don't have work, and next month, at the end, I have my delivery. In between, will any action be taken, like termination, because I have six months of leave eligibility and can avail the benefits from ESI only if I am in the job. I want to know if there is any option for termination or if they will wait until my rejoining (it is a corporate company with three to four companies under it). Please advise.
From India
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Madam,
Don't worry. They won't terminate your services while you are on maternity leave. After you report back for duty, they will evaluate the requirements and make a decision. However, you are covered under ESI, and your benefits will be provided through ESI.
Thanks and regards,
Kameswararao S
From India, Hyderabad
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191Don't worry. They won't terminate your services while you are on maternity leave. After you report back for duty, they will evaluate the requirements and make a decision. However, you are covered under ESI, and your benefits will be provided through ESI.
Thanks and regards,
Kameswararao S
From India, Hyderabad
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Dear Ms Reena,
Pls note my specific reply:-
My concern is if doing increment on CTC factor is more apt way or doing on Basic salary is better way?
Doing increment is solely company decision. As per law every employer is bound to pay the applicable Minimum Wages as defined in the Act. In your case the wages itself is less than the Minimum Wages as defined in the Notification of Delhi Govt. The current Minimum Wages is Rs. 13896/- even for an unskilled employee, whereas you have shown Rs. 13350/-. So first you need to be more focused on the issue. Over and above the Minimum Wages is your decision.
Secondly is bonus a variable component for every year? or a compulsion -8.33% on Basic??
Bonus is not a wages component, it is a statutory liability which must be paid once in a year @ 8.33% of the Basic+DA. However, it can be shown in CTC, but as per law can't be considered as monthly salary part for the Minimum Wages. This is paid for a complete FY (Apr-Mar). Legally you are bound to pay, avoiding it is abolition of the Act.
Please clarify? Can I take my staff for a holiday and spend more amount instead of giving them bonus entitled amount?
Doing staff outing on Holiday is a staff welfare activity. You can’t club the legal / statutory liability with staff welfare, entertainment. As I already said, first of all you need to pay the minimum liabilities as per the applicable Acts / Laws, over and above is employer decision.
Last but not the least, I assume somewhere you are paying below the law. If you want to be more compliant and legally sound than share more specific query so that fellow experienced members can put more light. However, in order to keep secret of your company name, you can put fresh query with “ANNONYMOUS”.
Hope all your queries answered as per requirement.
From India, Delhi
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Pls note my specific reply:-
My concern is if doing increment on CTC factor is more apt way or doing on Basic salary is better way?
Doing increment is solely company decision. As per law every employer is bound to pay the applicable Minimum Wages as defined in the Act. In your case the wages itself is less than the Minimum Wages as defined in the Notification of Delhi Govt. The current Minimum Wages is Rs. 13896/- even for an unskilled employee, whereas you have shown Rs. 13350/-. So first you need to be more focused on the issue. Over and above the Minimum Wages is your decision.
Secondly is bonus a variable component for every year? or a compulsion -8.33% on Basic??
Bonus is not a wages component, it is a statutory liability which must be paid once in a year @ 8.33% of the Basic+DA. However, it can be shown in CTC, but as per law can't be considered as monthly salary part for the Minimum Wages. This is paid for a complete FY (Apr-Mar). Legally you are bound to pay, avoiding it is abolition of the Act.
Please clarify? Can I take my staff for a holiday and spend more amount instead of giving them bonus entitled amount?
Doing staff outing on Holiday is a staff welfare activity. You can’t club the legal / statutory liability with staff welfare, entertainment. As I already said, first of all you need to pay the minimum liabilities as per the applicable Acts / Laws, over and above is employer decision.
Last but not the least, I assume somewhere you are paying below the law. If you want to be more compliant and legally sound than share more specific query so that fellow experienced members can put more light. However, in order to keep secret of your company name, you can put fresh query with “ANNONYMOUS”.
Hope all your queries answered as per requirement.
From India, Delhi
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Maternity Leave Policy - posting.doc