Sharmila Barot 19 December 2016
Sharmila Barot 19 December 2016
Ritesh Maity (Labour Law Advocate) 19 December 2016
I think the company is intentionally evading the situations in order to deprive you of your legitimate dues. If you wish, you can proceed legally.
Kumar Doab (FIN) 19 December 2016
Demand your due payments in writing under proper acknowledgment.
Maternity Benefit Act: Approach Inspector appointed under the Act
Gratuity;Submit FormI under proper acknowledgment.
Sharmila Barot 30 December 2016
Sharmila Barot 30 December 2016
Kumar Doab (FIN) 30 December 2016
Your establishment supplies manpower and security.
Go thru:The Maharashtra Private Security Guards (Regulation Of Employment And Welfare) Act, 1981
https://www.securityguardsboard.in/
Contact them.
Ritesh Maity (Labour Law Advocate) 30 December 2016
Originally posted by : Sharmila Barot | ||
Is it necessary to have maternity benefit on appointment letter |
It does not matter in real sense. If the Act is applicable to the establishment, then the benefit under the Act has to be provided irrespective of whether it is mentioned in the appointment letter or not.
Kumar Doab (FIN) 31 December 2016
Agreed.
The enactments shall apply per statutory provisions of enactments, even if not mentioned in appointment letter.
While Maternity Benefit Act has already been cited and link provided.
You may also go thru:
The Bombay Shops and Establishments Act; 38-B,38-C
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf
Dear Ms. Sharmila Barot,
Have you been able to derive any appropriate advice out of 14 different posts made by Mr. Kumar Doab as to what can be the precise remedy to your problem?
He seemed to have confused you much more in complicating your issue with his altogether vague, wrong and irrelevant advice
As usual in several other cases also, with his multiple posts and irrelevant links, Mr. Kumar Doab seems to have created utter confusion to make your problem much more complicated than providing any specific solution.
In one post, he advised you to “Go thr: THE MATERNITY BENEFIT ACT, 1961.” Thereafter in another post he advised you to go through the “Payment of Gratuity Act.” Still in another post he advised you to Contact Security Guards Board after going through the website of https://www.securityguardsboard.in/ and also to go through “The Maharashtra Private Security Guards (Regulation Of Employment And Welfare) Act, 1981” after making your own search for that Act. STILL FURTHER, WHEN NOT CONTENT IN CONFUSING YOU TO THE FULLEST EXTENT, ultimately through his latest post of yesterday he advised you to “go thru: The Bombay Shops and Establishments Act; 38-B,38-C https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf
IT SEEMS, AS IF, INSTEAD OF RENDERING ANY ADVICE, HE WAS SENDING STUDY LESSONS TO ONE OF HIS STUDENTS.
SO, THE QUESTION ARISES, Did he advise you in any of the said 14 posts, what you should do to get your problem solved?
A matter of commonsense, as if he lacked in him, “The Maharashtra Private Security Guards (Regulation Of Employment And Welfare) Act, 1981” is meant merely for regulating the employment of Private Security Guards employed in factories and establishment in the State of Maharashtra NOT for an executive, like you in some company. YOU WOULD BE JUSTIFIED IN ASKING HIM in what respect that Act can help you to sort out your maternity benefit or gratuity related problem, when you were not working in the capacity of a security guard?
Further, his referred Section 38-B & 38-C, respectively, of The Bombay Shops and Establishments Act, relate to “Industrial Employment (Standing Orders) Act, 1946 and about notification in the Official Gazette to issue direction whether all or any of the provisions of the said Act or the rules shall apply to women employees or not. So, A PERTINENT QUESTION ARISES, without going through the stated Act or notification, what could you perceive out of these documents?
In other words, besides creating complication in your problem by misdirecting you with his wrong advice, he has tended merely to waste your time and energy by unnecessarily loading you with multiple pages of quite irrelevant junk material with the advice to read for yourself, irrespective of whether you are able to get any clue to solve your problem or not.
SO, THE ADVICE OF MR. KUMAR DOAB IS ABSOLUTELY WRONG AND CANNOT BENEFIT YOU EVEN TO 1% IN SOLVING YOUR PROBLEM.
God knows with what of his hidden intention he has tried to misguide you towards a very wrong direction.
IN FACT, you cannot expect any legitimate advice from a person, who always appears with a fake identity, as he has not shown his real name, photo and location in his profile.
He has very openly refused to come forward with his real identity (name, photo and place of his location) at his LCI profile, even on several requests.
EVEN IF YOU REQUEST HIM, YOU WILL SEE FOR YOURSELF THAT HE WON'T SHOW HIS FACE, NAME AND LOCATION. YOU MAY LIKE TO TRY. HE WON'T OBLIGE YOU.
Dear Ms Sharmital Barot,
Your problem is not a tricky problem. In fact, descripttion of your problem lacks two basic important informations due to which you were getting replies merely on hit & trial basis to make you more and more confused.
So, if you don't want to get more confused or misled, you will have to provide information as to whether ten number or more of employees were employed or not on any day of the preceding twelve months and whether you applied for maternity leave and gratuity throug a formal application or not.
Precisely speaking, your entitlements depended upon the total number of employees working in your company.
Sharmila Barot 01 January 2017