MATERNITY BENEFIT ACT, 1961
(No. 53 of 1961)
3. Definitions :(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.
{ The Act does not differentiate between casual, permanent or temporary female employees.
Supreme Court of India: Municipal Corporation of Delhi versus Female Workers (Muster Roll) and Another
https://www.indiankanoon.org/doc/808569/?type=print
…………………. Act is also applicable to casual workers and daily wage workers………….
Madras high Court: L Kannaki versus The Secretary to Government Animal Husbandry and Fisheries Department
https://indiankanoon.org/doc/16105326/?type=print
…………………… pursuant to Section 5(2) of the Act, female employees who have rendered more than 80 days of service during 12 months preceding the date of expected child delivery are entitled to 12 weeks of maternity leave with wages…………}
15. Powers and duties of Inspectors: (c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received form them under this Act; and
Then establishment has to submit annual Return in Form ‘K’ has to be submitted on or before 31st January of every year.
80 days employment is enshrined in the Act and the lady has worked for 80days and is eligible.
There is no criterion of being permanent or temporary employee.
Employer can offer superior benefits as provided for in the Maternity Benefit Act and can not offer inferior benefits.
Maternity Benefit might be a part of standing orders of the establishment.
Maternity Benefit is provided for Shops and Commercial Establishments Act of the state and this Act is applicable to IT/ITeS companies.
Pregnancy is not a disease. Pregnancy is not an illness (and it is not permanent cause. so, rejection is not question....) and you do not suddenly become less capable of doing your job.
Pregnancy is not a medical condition leading to rejection.
Pregnancy discrimination in the workplace should be avoided by employer and its attorney say HR personnel as the repercussions can be serious. The women cell, NGO’s etc do not view such matters kindly.
Pregnancy discrimination is prohibited by law.
Women have been given equality.
Employers must not refuse to hire pregnant women………………………… Exceptions if only shall apply to some employers
Employers should not refuse to promote, or fire a pregnant employee because of pregnancy.
You have email confirmation from employer himself/designated personnel of employer. Even if email was not sent the wages are to be paid on usual pay day. Even if these are delayed by a verbal communication it is violation. The Maternity benefit is to be paid by employer on its own in time frame prescribed in Act. The provisions of penalty, punishment, scope of imprisonment are stated in the Act. If employer or its personnel in line management, HR etc………….resort to coercion, intimidation, and do not pay wages it shall their doing to complicate the matters. Employer shall not offer his head and shall rather push its HR personnel, even legal cell personnel in the front. So these personnel in HR/Line Management should also mind their interest.
The employees should apply rapport, goodwill and apply exceptional levels of persuasion, persistence, negotiation, reasoning skills. These skills can be acquired. Any situation can be resolved skillfully including the one that is posted by you in this thread.
The HR personnel/Line Managers/legal cell personnel are also applying their skills on a pregnant lady (your wife).They have not declined in writing, to pay wages till she resumes her duty. If they are worth their salt they won’t state so in writing! You must record all calls, visits, and keep witness in whose presence call was attended for use in required at appropriate time in appropriate forum.
A smart employee is enough.
IT/ITeS female employees have also formed union and have done a good job too. There are other unions of IT/ITeS employees.All of these are being embraced by Trade Unions e.g. INTUC, CITU, AITUC, BMS etc…………..
Unions do not imply shouting slogans only…………………………..
Are you aware that White Collared employees in other sectors are also united and they defend their rights?
Being union member does not mean one shall become or one shall have to be rude, rough, rowdy…………………By forming unions/Becoming union member one becomes properly informed.
It is not mandatory that employee should file a written complaint and appear in person before a lawful authority. In such matters the labor authorities have to act on even anonymous complaints, take Suo Motu notice……………….
It is not necessary that a pregnant women may not resume duty after pregnancy delivery or may contract illness due to pregnancy delivery or may require leave due to family issues and to care for new born.
Women employee may require it too.
Many employers in IT/ITeS offer support to work from home and even 'Innovative Leave'...................
Just look around and you shall find many.
The HR has well defined role and responsibilities in an organisation and one of it is to not to resort to unfair and bad practices.It shall earn bad reputation, publicity and employer may be branded as Violator of law and rights.
The HR of your organisation can bee easily termed as unfit and under performer.
It is only acting as per its illusions.
AS far as you are concerned 'Don't give up your rights'.
