I am a doctor working in a corporate hospital for last two years. The hospital is rejecting maternity leave benefits, citing that I am on a contract basis and I am getting a professional fees, not a salary. Is there a rule like that if professional fees are paid, maternity leave benefit is not applicable? If not so, what can be done?
From India, Vadodara
From India, Vadodara
If your terms of appointment contains service conditions similar to an employee, like hours of work, reporting time, payment of salary or fixed (professional) fee, restrictions with regard to taking employment elsewhere etc, then you will get the status of an employee, and claim all benefits conferred on an employee including maternity benefits. At the same time, if your contract is like, you are given a space to work and the consultation fee will be paid to you after deducting a certain amounts by the Hospital from it etc, then your service is just like a consultant and no way you will be considered as an employee. Obvioulsy, an employer is liable to extend maternity benefits only to an employee.
From India, Kannur
4262From India, Kannur
Much would depend on your status of 'employment' or 'engagement'. The point to be noted here is 'employment' & 'employee'. Once a clear answer to this is available then eligibility can be determined: Take note of this stipulations :
Note: " (1) The Act applies to a factory, mine or plantation belonging to Government. (2) The Act does not apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act apply. {Section 2}
Is there any justification for denying the benefits of the Maternity Benefit Act to women
workers on the ground that they are not regular employees but they are on the muster roll?:
The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular "woman employees" to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."
In your case, there is thin line between an 'employee' whether on contract or regular and a 'consultant'. Check your contract/agreement to find answer this question. Also please check what is the category under which your TDS is deducted & remitted to govt.a/c., whether as an 'Employee' or as a 'Consultant'
From India, Bangalore
Note: " (1) The Act applies to a factory, mine or plantation belonging to Government. (2) The Act does not apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act apply. {Section 2}
Is there any justification for denying the benefits of the Maternity Benefit Act to women
workers on the ground that they are not regular employees but they are on the muster roll?:
The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular "woman employees" to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."
In your case, there is thin line between an 'employee' whether on contract or regular and a 'consultant'. Check your contract/agreement to find answer this question. Also please check what is the category under which your TDS is deducted & remitted to govt.a/c., whether as an 'Employee' or as a 'Consultant'
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc