Labour Laws & Ir
Administration And Payrolls
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+4 Others

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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 ?
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

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.

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
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.

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 ?
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.
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.

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,

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.

From India, Bangalore

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