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Durga   27 August 2015

Maternity benefits in private sector

Hi,

 

I have bee working in this Private Sector company, In Noida from almost 3 Years, In October - 2014, I got pragnent and went on Maternity leaves from May 2015, I went into the C-section and had to extend my Maternity leaves for a month more. 

Now my company has wrapped up there Noida office and moved their assetes to corporate office in mumbai and on the leave extension mail they has asked me to resume office in Mumbai onlyafter my leave expries. Which is not possible for me in current Situation hass my husband also has his settled business in NCR.

Now the Issue is that,

1) company has not paid the full amount of my salary during the pregnancy leaves.

2) as per the internal company policy they will pay remaining amount once i resume office, now in Mumbai: and as stated above it is not possible for me. 

So my query is.

a) Are the Maternity benefits act 1961 implies to Private sector comapnies also, or its for PSUs only.

b) If the Law is same for both PSU and Private sector, does the Maternity benefit act 1961 overrule the internal company policy.

Please suggest, what should be my course of Action.

 

 



Learning

 1 Replies

Kumar Doab (FIN)     27 August 2015

 

 

Maternity Benefit Act applies. The establishment can offer superior benefits but not inferior.

You are eligible for 30 days additional Maternity Benefit in case you suffer from sickness due to Pregnancy Delivery. Bonus of Rs.3500/ may also be applicable.

The Maternity Benefit for period prior to delivery is to be supplied in advance and after pregnancy delivery within 48 hours after the pregnant female employee has informed of the delivery. The rate of Maternity Benefit is also prescribed in the Act.

You may join submit information supported by medical certificate  Redg. Post, and demand payment by Redg. post.

Now try to communicate by Redg. Post  and send your address and let them communicate by Letter thru Redg. Post……………………….and hint that payment has not been made to you in time.

Is the information to join at Mumbai in writing?

If you are unable to join at Mumbai you can tender notice of resignation explaining that you have been transferred to Mumbai, and have no alternative but to resign by notice.

 

It shall be appropriate to consult your able Labor Law Consultant/Service Matters lawyer/Law Firm.

There are many threads that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.Vd858X1-jMo

 

 

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

 

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

 

https://www.lawyersclubindia.com/forum/Maternity-benefit-act-amendment-50337.asp


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