Labour Laws & Ir
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Administration And Payrolls
+5 Others

Thread Started by #doris18

Hi, Request response. I am working as a professional in an unregistered co. for past 4 years. The co has PAN registration only. Am i entitled to Maternity leave as I am due in the next 2 months ?
27th August 2010 From India, Bangalore
what do you mean by unregistered company, and when company itself is unregistered, then how come they would have proceed with pf, esi, workman compensation, maternity act etc registrations.
how many employees are there in this company
27th August 2010 From India, Mumbai
Dear Yaasmin,
Thx very much 4ur response. This co is a sister concern of a bigger co. My co does nt hv registration certificate/service tax registration & all employee under this sister concern is not given esi, pf, bonus or any other benefit or compensation. It only has a pan no. Approx 10-15 people.

27th August 2010 From India, Bangalore
Dear Doris 18, if your compnay is unregistered, and do not have PF & ESI forget for getting any medical assistance from the Compnay or GOVT. Regards, SIDAMN
27th August 2010 From India, Madras
Dear Member,
The maternity benefit / leave is provided under either of the following applicable enactments:
1. The Maternity Benefit Act, 1961 2. The ESI Act, 1948 3. The State Shops & Establishment Act.
Therefore, first examine the applicability of the Act to your establishment & go through the benefit / leave & eligibility provisions & under that Act for receiving the benefit.
Under which of the Act your company is not registered ? Give details to the members for proper answer.

27th August 2010 From India, Delhi
how do you get your payment, its by check, cash, transfer to account. if cash, then do you sign on wages register, have u got any offer or appointment letter stating your ctc ?
27th August 2010 From India, Mumbai
Dear Doris, Are the 10-15 people are working on roll of the unregistered company if yes then you can claim the Maternity Benefit. If No then it’s tough to fetch the benefits.
27th August 2010 From India, Pune
Dear member,
If you getting salary through any salary/wage slip and if you are covered under ESIC 1952 act you will be eligible for Maternity benefit act.
Sec 3 (o) of Maternity Benefit act “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.
27th August 2010 From India, Hyderabad
Seasons Greetings from Kumaar.
1. the first point is your company has PAN.
2. you are saying that it is a sister concern of one BIg company.
3. whether your BIg company covers all mandatory Acts? and other establishment Acts of your State?
4. Are the Big company employees getting all benefits?
5. My observations is that your company is having 15 employees and i need to know that apart from employees how many persons involved in other works like Security, Office Boy and cleaning persons and etc., and give your geographical locations?
Please give me the inputs of the above, then i will comment on it.
thanks for all our friends support,
28th August 2010 From India, Madras
Hi Kumaar.
Thx for helping out.
1. Yes the unregistered co has PAN only.
2. This unregistered co is a sister concern & is being run from the same premises of the Bigger Co.
3. The Bigger Co follows all mandatory acts of the state. It hs appx100-150 & we are based in Bangalore
4. EMployees of Bigger Co is being extended all benefits applicable.
5. Our so called unregistered co has max of 15 people. All 15 are NOT given ESI, PF, Bonus. THey are either under the category of Casual or Professional.
I get my salary thru account payee cheque & each Month they deduct TDS fm my salary.
Hope these details are enough for your to suggest.
Thk in advance.

28th August 2010 From India, Bangalore
Dear Yaasmin,
I get my payment thru cheque and they deduct TDS from my salary.
I get a salary slip but the Co reflecting on the slip is of the Bigger co.
I was given an offer letter stating my CTC and I would be workg as Professional & no other elaborate details mentioned in it.
Thk for your time & help.
Regards, Doris

28th August 2010 From India, Bangalore
Dear Doris,
I know some companies put their employees on contractor payroll to avoid coomplainces. In your case, if your Offerletter / Appointment Ltter and Payslip is on the bigger company payroll name then u can claim all the benefits but still your contract letter with them matters. What was mentioned in CTC,please clarify.
30th August 2010 From India, Mumbai
Thanks for the update.
But you are saying that 15 employees are not been allotted ESI,EPF and Bonus. and also you are getting salary with deduction of TDs.
Another inofrmation , you are saying that 15 workers are casual and Professional.
My question is that at what rate % TDs deduction form your salary Under section 192 B or 194 J.
if 15 employees of strength of a company has not enter all acts initially for 3 years and 5 years w r to services company or Manufacturing comapany. thus the reason, you may not able to get any benefits from mandatory acts, but actually saying any firm which has to be registered under shop and establishment Act under any their area. If registered, they can eligible for claiming maternity benefit. whether it State act or Central Act.
Please ask them to register under, Shop and establishment Act under your state of Act.
Definitely you are eligible for Maternity Benefits of the concerned state of Act.
30th August 2010 From India, Madras
An organization determines the number of months for marternity leave for its staff. However if you say your company is not fully registered , they may decide not to give you any benefit and truly if that happens the law cannot fight for you.
My advise is encourage them to register fully.
30th August 2010 From Nigeria, Abuja
Dear Doris
Is there a way to verify that the TDS is being duly credited to the IT deptt. ?? Has any of your employees ever received a Form 16 certificate ??
Perhaps you all are working/enrolled as "contract" employees or "consultants/advisors".
All statutory benefits are available only to regular employees. Please consult the concerned HR.
Not only you have legal remedies at your disposal, you can also consider "whistleblowing".
Warm regards.
31st August 2010 From India, Delhi
Dear all,
As far as my concern whether the company is registered or unregistered, Paying PF or ESI, does not matter. Kindly go through the Maternity Act 1961 from Section 5 for further clarification.
If I am wrong please amend me.
Thanks & regards,
P Mohan Gandhi
31st August 2010 From India, Madras
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