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vinam (RMG)     30 December 2013

Benefits under maternity act

Hi,


Please help me to resolve my queries regarding Maternity Benefits Act.

I am a employee of a consulting firm name Aequor Technologies Pvt ltd. and deputed in client location Oracle Financial limited as Project coordinator. Now,I am expecting and have sent notice for Maternity Leave and benefits, but company now says that there is no such policy with them. As Client does not pay them any amount.,they will not pay anything to me though I am on their payroll.

Can I file a case in Labour court against them.



 4 Replies

Kumar Doab (FIN)     30 December 2013

 

You are entitled for Medial Bonus which was last as Rs.3500/ { Sec8(5)}, Paid Maternity Leave 6 weeks prior to date of Delivery ( to be paid in advance on production of proof of pregnancy) and 6 weeks after date of Delivery (to be paid in 48 hours on production of proof of delivery) and in case you are suffering from sickness arising out of pregnancy delivery { Sec10}..........................You can also request the employer not to assign arduous duties during the period...................

 

 

 

 

You may submit intimation of pregnancy along with doctors Rx/certificate showing tentative date of delivery under proper acknowledgment.

 

If company wants to deny let them deny in writing.

 

If it is resorting to verbal communications submit gentle minutes of discussion addressed to appointing authority, MD.

 

If the Act applies to the establishment; Sec 2(1) and you are eligible and employer declines for the benefits as per provisions of the Act you and Inspector appointed under this Act by the appropriate Govt (Central/State as in your case) can draw the attention to Sec 21:

 

“If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto.”

 

 

 

The Labor Inspector in local O/o Labor Commissioner may also be the Inspector appointed under this Act........................ as in your case.

 

 

The local O/o Labor Commissioner can guide you on this.

 

There are many threads on Maternity Leave which you may find relevant e.g;

 

 

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

 

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/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

 

 


Attached File : 80018854 maternity benefit act 1961.pdf downloaded: 127 times

Sudhir Kumar, Advocate (Advocate)     31 December 2013

well elaborated by Mr Kumar Doab

Sudhir Kumar, Advocate (Advocate)     31 December 2013

well elaborated by Mr Kumar Doab

S.QAISAR ALI ADV. (Advocate)     12 January 2014

agreed with mr kumar 


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