Maternity Leave
2 years ago
I am working in IT company in bengalore on a contract basis from 11 months, i applied for maternity leave but my company refused to provide me the benefit saying that i am not entitled for maternity benefit as i am on contract.
Can anyone please advice on the same, how can i get maternity benefit.
A.Dear Madam,
Approach office of Labor Commissioner under section 12 of ID Act.
Approach office of Labor Commissioner under section 12 of ID Act.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.start with sending legal notice before they end your contract.
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A.Hi,
As per Maternity Benefit Act, 1961 Sec. 5, maternity benefit is available to every employee whether regular or contractual, who has completed 80 days, in preceding 12 months in the office. In your case you are eligible. You can complain with the district labor commissioner's office against the company.
If you like my answer, please rate me.
As per Maternity Benefit Act, 1961 Sec. 5, maternity benefit is available to every employee whether regular or contractual, who has completed 80 days, in preceding 12 months in the office. In your case you are eligible. You can complain with the district labor commissioner's office against the company.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per Sec. 5 of Maternity Benefit Act, any employee whether contractual or regular is entitled to claim the benefit of maternity leave. You can send them a legal notice if they are denying your maternity leave. If they still do not grant it, you can approach the labor office and lodge a complain, alternatively you can approach the labor court.
If you like my answer, please rate me.
As per Sec. 5 of Maternity Benefit Act, any employee whether contractual or regular is entitled to claim the benefit of maternity leave. You can send them a legal notice if they are denying your maternity leave. If they still do not grant it, you can approach the labor office and lodge a complain, alternatively you can approach the labor court.
If you like my answer, please rate me.
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Suneel Moudgil
Responded 2 years ago
A.The Ministry of Labour and Employment has informed that as per section 5, Sub Section (2) and (3) of the Maternity Benefit Act 1961 any women employed, whether regular or contractual, who has completed 80 days in preceding 12 months and is due to proceed on maternity leave for not more than 08 weeks preceding her expected date of delivery is entitled to the maternity leave.
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