I am working for Idexcel Technologies as a permanent employee, but I have been working for the client Unisys India as a contractor for 1.5 years. The client is not renewing the contract due to my pregnancy, and my company is stating that if they agree to extend the contract, they will pay for three months and provide three months of lost pay for maternity leave. If they agree to the renewal, they will offer medical benefits; otherwise, there will be no benefits, and they will terminate my employment. Please advise.
From India, Bengaluru
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From India, Bengaluru
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If you are permanent employee and Employer denying Maternity Benefit under false pretext please approach nearest Labour Office.
From India, Pune
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494From India, Pune
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Madom quiet litigant question.. You are a permanent employee of a company....suppose you are not sponsored to añy other company as a contract employee the original parent Employer has to pay all your maternity and paternity leaves...OK
Now the clarity wanted is did he denied to pay the above linking your contract employment....renewal etc.?
Your management has no right for denial of your right..The primary Employer couldn't escape his duty of protecting woman worker's legal right of maternity leave. Sanction of MLdoes not and never depend upon extension of contract etc.approval renewal these are escaping words of cruel mentality of some misery management s..
So you are legally protected. Approach labour dept. District official about denial of ML.and you can also send a legal notice to higher official s of your company
All the best.
From India, Nellore
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Now the clarity wanted is did he denied to pay the above linking your contract employment....renewal etc.?
Your management has no right for denial of your right..The primary Employer couldn't escape his duty of protecting woman worker's legal right of maternity leave. Sanction of MLdoes not and never depend upon extension of contract etc.approval renewal these are escaping words of cruel mentality of some misery management s..
So you are legally protected. Approach labour dept. District official about denial of ML.and you can also send a legal notice to higher official s of your company
All the best.
From India, Nellore
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Dear Swetha,
Extension to the employment contract and eligibility for maternity benefits are two separate things, and these cannot be linked, at least officially. You are an employee of Idexcel Technologies. Therefore, your employer is responsible for paying you the maternity benefits irrespective of where you work.
By the way, what is the due date of your pregnancy? When is your contract expiring? If it expires before the due date of the pregnancy, how many weeks/months before will it expire? Please clarify these points.
Thanks,
Dinesh Divekar
From India, Bangalore
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Extension to the employment contract and eligibility for maternity benefits are two separate things, and these cannot be linked, at least officially. You are an employee of Idexcel Technologies. Therefore, your employer is responsible for paying you the maternity benefits irrespective of where you work.
By the way, what is the due date of your pregnancy? When is your contract expiring? If it expires before the due date of the pregnancy, how many weeks/months before will it expire? Please clarify these points.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Swetha, Please also clarify-but working for client Unisys India as contractor ? who is paying your salary?
From India, New Delhi
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From India, New Delhi
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Dear Madam,
I wish to agree more. You are a permanent and eligible employee to receive maternity benefits under the Act. Legal responsibility is cast on the parent employer - Idexcel, and its denial is illegal, including the threat of ending employment on the grounds of pregnancy.
I suggest you write to the top management giving facts of your permanency, pregnancy, together with supporting documents, and require them to comply with the law. Hold out a veiled threat that you would be compelled to take legal recourse if your request is not granted.
If they still do not act favorably, you can approach the Labour Office.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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I wish to agree more. You are a permanent and eligible employee to receive maternity benefits under the Act. Legal responsibility is cast on the parent employer - Idexcel, and its denial is illegal, including the threat of ending employment on the grounds of pregnancy.
I suggest you write to the top management giving facts of your permanency, pregnancy, together with supporting documents, and require them to comply with the law. Hold out a veiled threat that you would be compelled to take legal recourse if your request is not granted.
If they still do not act favorably, you can approach the Labour Office.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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