I am contractual employee

This is violtion of maternity benefit act

Contact nearest available labour advocate

Thanks Sudhir...

You checked all details what I mailed u?

Actually I am on contract,and they are saying that your contract is finished in company.

So we are going to release you.

Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

---From the email trail it can be construed that HR has spent good amount of time to convey its decision to you, and thus they have taken a well informed decision.

Now they may not be able to claim that they were ignorant of facts, rules, law, act…..

Employer is duty bound and obliged to display the Act at a prominent place in establishment.

What is the date of email of Jyothi Vaz, Executive HR Operations.

T&C:

Termination of Employment

:

8.

1

This agreement of employment may be terminated by Four Weeks notice on either side.

{ No such notice is given by company.} { The act prohibits termination}

8.2

.2

If at any time you are prevented by illness or accident or other incapacity from properly performing your duties for a

period of 15 consecutive days during the course of the agreement.

{ The Act entitles the women for absence and leave due to sickness.}

---no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 80 days in the 12 months immediately proceeding the date of her expected delivery.

{ It is believed that you are satisfying the conditions of being eligible.}

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."

Also “Central Administrative Tribunal - Chandigarh

Ms. Sonika Kohli And Anr. vs Union Of India (Uoi) And Ors. on 27 August, 2003

Equivalent citations: 2004 (3) SLJ 54 CAT”

“

The State should make provision for maternity relief to women workers as it was one of directive principles of State policy enshrined in the Constitution, the Madras High Court has held.

Dismissing a writ petition by management of Glem Brook Estate, Yercaud, Salem district challenging an order dated May 31, 2007, of Inspector of Plantations, Salem, Mr Justice K. Chandru observed that special care and assistance for motherhood was one of the basic human rights contained in the Universal Declaration of Human Rights. Provision for maternity protection was one of the programmes, which was being furthered by ILO on a worldwide basis. In pursuance of this objective, ILO had adopted 2 Conventions No 3 and No 103 and recommendation No 95 concerning maternity. “

Restrictions placed by the Act on the employment of women:

1. A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence, under the Act. On such a request being made by her, the employer shall not give her such work during such period. {Section 4}

Restrictions placed by the Act on the termination of employment of a woman: When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}

Time for payment of maternity benefit: The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}

Is a woman entitled to maternity benefit, also entitled to any medical bonus?: A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 250 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. {Section 8 & Rule 5}

{ The Central Government vide notification No. S.O. 2016(E) dated 11th August, 2008 increased the amount of medical bonus from Rs. 1000/- to Rs. 2500/-. Further, vide notification No. S.O. 2016(E) dated 19th December, 2011, the amount of medical bonus has been increased from Rs. 2500/- to Rs. 3500/-.}

Is a woman entitled to any leave with wages for illness in addition to the period of absence allowed to her under the provisions of the Act?: A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}

What are the other obligations of the employer under the Act?: Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}

What is the punishment for the contravention of the provisions of the Act?: (1) 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. {Section 21}

@Querist,

1.If your contract is over in terms of time period, you should feel happy about your relieve.

2.If contract not over, notwithstanding anything contained in the terms and conditions of the company, you must be given maternity benefits under the act 'Maternity benefit Act 1961'.

Here is a link which you should visit.

https://www.maternityleaverules.in/maternity-leave-rules-women-psu-private-sector-it-ites

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

You have posted that:

“Actually I am on contract, and they are saying that your contract is finished in company.”

Keep the record of your attendance and all relevant record safely in your file.

As per contractual obligation {as attached by you} 4 week’s notice is required to be given for termination by either side. { No such notice is given by company.} {The act prohibits termination}

The period of maternity leave is to be counted in period of service.

You may not resign during the period of leave.

If at all you wish to separate you may do so you may join duties, work and separate thereafter by tendering notice of resignation.

You may issue the notice for claim for maternity benefit and payment and submit nomination also under proper acknowledgment. You may attach copy of Doctor’s Rx mentioning expected date of delivery.

If you have appraised any of the company personnel on your pregnancy in office/by email/letter/in person you may make a mention of it. If you have been inquiring about the process from HR/line management you may make a mention of it and if no response was given you may relate it to the emails as attached by you.

MATERNITY BENEFIT ACT, 1961

6. Notice of claim for maternity benefit and payment thereof. -- (1) Any woman

employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitledto such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

You may approach your lawyer and give inputs in person.

You may proceed as deemed fit at your end.

Mr Doab has elaborated the position which I asserted.  Ebven if thee is any provision contract to law in the contract the same is void.  Company action is illegal

contract is subject to public policy as per section 23 of indian contract act. Thus, maternity act applies to you.

Regards,

Ravi