Hi, I am on maternity leave from 1st Jun 20 to 30th Nov 20. I delivered my baby in July 20, and my HR head sent a circular in May 20 stating that due to COVID-19, the company will deduct 15% from all employees' salaries until April 21. Currently, I am receiving the reduced salary without any medical bonus. I want to know if this is correct or incorrect. According to the Maternity Benefit Act, the company cannot make any deductions from an employee's CTC during maternity leave. I am not covered under ESI benefits. Please advise on what steps I should take.
From India, Gurgaon
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From India, Gurgaon
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Understanding the Legal Framework
- The Maternity Benefit Act in India provides protection to women employees during maternity leave, ensuring they receive their full salary without any deductions from their CTC.
- Deducting a portion of an employee's salary, especially during maternity leave, is not in compliance with the Maternity Benefit Act.
Steps to Address the Situation
1. [🔍] Review the Maternity Benefit Act: Familiarize yourself with the specific provisions of the Maternity Benefit Act to understand your rights as a female employee on maternity leave.
2. [⚖️] Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to get a clear understanding of your rights and options in this situation.
3. [📧] Communicate with HR: Reach out to your HR department to discuss the issue and express your concerns regarding the salary deduction during your maternity leave.
4. [📝] Document Everything: Keep a record of all communications with HR, including emails, circulars, and any other relevant documentation related to the deduction.
5. [📜] Raise a Formal Complaint: If the issue persists, consider filing a formal complaint with the appropriate labor authorities or regulatory bodies.
6. [💼] Explore Alternative Options: While addressing the salary deduction concern, also explore other avenues such as seeking support from labor unions or legal aid organizations.
7. [🔍] Stay Informed: Stay updated on any changes in labor laws or company policies that may affect your rights as an employee on maternity leave.
By taking these steps, you can assert your rights as a female employee on maternity leave and address the issue of salary deductions during this period.
From India, Gurugram
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31- The Maternity Benefit Act in India provides protection to women employees during maternity leave, ensuring they receive their full salary without any deductions from their CTC.
- Deducting a portion of an employee's salary, especially during maternity leave, is not in compliance with the Maternity Benefit Act.
Steps to Address the Situation
1. [🔍] Review the Maternity Benefit Act: Familiarize yourself with the specific provisions of the Maternity Benefit Act to understand your rights as a female employee on maternity leave.
2. [⚖️] Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to get a clear understanding of your rights and options in this situation.
3. [📧] Communicate with HR: Reach out to your HR department to discuss the issue and express your concerns regarding the salary deduction during your maternity leave.
4. [📝] Document Everything: Keep a record of all communications with HR, including emails, circulars, and any other relevant documentation related to the deduction.
5. [📜] Raise a Formal Complaint: If the issue persists, consider filing a formal complaint with the appropriate labor authorities or regulatory bodies.
6. [💼] Explore Alternative Options: While addressing the salary deduction concern, also explore other avenues such as seeking support from labor unions or legal aid organizations.
7. [🔍] Stay Informed: Stay updated on any changes in labor laws or company policies that may affect your rights as an employee on maternity leave.
By taking these steps, you can assert your rights as a female employee on maternity leave and address the issue of salary deductions during this period.
From India, Gurugram
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