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Anjali mrinal   18 October 2024

Paid maternity leave in unregistered company

Hello, I am Anjali, I am working as an content writer for an unregistered app(company) from last 3 years. it is a full time remote job. I am only connected to 1 employer of the company name Aditi. she only gives me work and salary. they didnt gave me offer letter and salary slips. Aditi pay me via Google pay. 

Now i am four months pregnant. and i would need maternity leave in few months. but they are not ready to give me paid maternity leave. the company has more than 10 employees. Aditi used to say that they will register the company in 1st year of my job. the app which i am working is called "Moksaa". But they dont have any details on google.

Now I dont know what to do. i am working for them for three years but they are not giving me paid maternitiy leave. also if i would have to search for another job. i wont be able to show my experience of three years as a writer. please suggest me what should i have to do..      



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     18 October 2024

Whether the company is a registered or an unregistered firm, until and unless you are not on the pay rolls of the company, i.e., if you were not appointed by the company by giving an appointment letter or employment offer letter and there are no details of the salary in the aabsence of salary slip, you will not be considered as an employee of that company.

You have stated that you were being paid by Gpay and that you were working from remote, it means you do not even know where the company is located.

In that situation your claim for any priveleges as per law will not be maintainable 

Sudhir Kumar, Advocate (Advocate)     19 October 2024

Tiy can seen following definitions of Matrnity Benefit Act

 

(d) "employer" means--


(i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;


(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;


(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;

 

(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes--


(1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;


(2) incentive bonus; and


(3) the money value of the concessional supply of foodgrains and other articles,


but does not include--


(i) any bonus other than incentive bonus;


(ii) over-time earnings and any deduction or payment made on account of fines;


(iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and


(iv) any gratuity payable on the termination of service;

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.


 


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