ESI MATERNITY BENEFITS ESI MATERNITY BENEFITS

1 year ago

Sir,

I am working from past 05 years in a Company and contributing towards ESI since my Employment.
Due to ESI Amendment Rules, ESI was stopped for some period and again ESI facility was restored upon the Court Order (Refer ESI Letter Ref: #50.C.12.12.03.20.PG Cell.Vol.III Dt: 22.11.2021).

My Pregnancy was confirmed and EDD given dt was 23.07.2021. Due to Pandemic Covid Situation, I had taken Maternity leave for 06 months from 22.04.2021. I delivered twin girl children on 07.07.2021.
I applied for ESI during Dec'21. In response, I was intimated that I was not eligible for claiming ESI benefit during my Maternity period since, there is a gap of Non Payment in ESI Remittance by my Contractor.
Kindly assist me in getting my ESI benefit during my Maternity Period.

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Madam,

If their action is not genuine then approach Office of Labor Commissioner under following provision of law. '
=====================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Dear client I am sorry to hear that.

Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions :-

Maternity Benefit is payable for a maximum period of 26 weeks upto 2 surviving children in case of confinement of which not more than 8 weeks shall precede the expected date of confinement, on production of form 17, 18, 19, 20 and 21.
Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 6 weeks (42 days) from the date following miscarriage.
Sickness arising out of Pregnancy, Confinement, Premature birth-payable for a period not exceeding one month-on the basis of Forms 7, 8, 9 and 10.
In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).
Maternity benefit rate is 100% of average daily wages.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMaternity benefit
Dear Client, The legality of any order passed by a Labour Court or Industrial Tribunal may be challenged before the High Court through an appeal under Article 227 of the Constitution of India within s...
question iconMediclaim Policy - First 2 living children
Dear Madam, The rules to be read between the lines and if there is any ambiguity then you have to approach insurance ombudsman or High Court.
question iconmpocket loan
Dear Client, In the given situation, filing a complaint against the recovery agents deployed by the Mpocket for the recovery of the loan at the local Police Station endorsing a copy of the said compl...
question iconMaternity Pay requirements for redundant employee
Dear Client, The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the...
question iconMaternity Benefits Related Questions
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...