Sir am working in a institute for more than a year, now am 6 months pregnant. when i was asking for the maternity benefits, my officers told me that u are outsourced employee, u are no where related directly to our institution. leave may be sanctioned, but pay during the leave period may not be sanctioned, Please give me immediate reply to this. wat our indian constitution says for this. am now working in pune,am basically from chennai
From India, Pune
From India, Pune
Dear Dr Kalpana,
Tell your employers that as a principal employer, they are liable to provide all the statutory benefits. Whether on the roll of the company or outsourced employee, finally it is the responsibility of the principal employer to follow the statutory provisions.
Let me quote here classic case. A very prominent IT company of Bangalore received show cause notice from labour department because they employed security guards on National Holidays (like 15th August etc). However, whoever does duty on these days, need to be paid thrice the salary. The IT company had not done that. Labour department did not issue the notice to the Security Agency for non-compliance of Karnataka Shops and Establishment Rule, 1963 but then had issued it to the IT company because it was the principal employer.
Imagine a situation wherein outsourced employee working in some factory meets with accident. Then who is responsible for payment as per the provisions of Workers Compensation Act? Contractor or principal employer? Obviously latter.
Anyway replies from other senior members are welcome. In the meanwhile you can check provisions of Maternity Benefit Act 1961 and Contract Labour Regulations Act, 1972.
Ok...
DVD
From India, Bangalore
7855Tell your employers that as a principal employer, they are liable to provide all the statutory benefits. Whether on the roll of the company or outsourced employee, finally it is the responsibility of the principal employer to follow the statutory provisions.
Let me quote here classic case. A very prominent IT company of Bangalore received show cause notice from labour department because they employed security guards on National Holidays (like 15th August etc). However, whoever does duty on these days, need to be paid thrice the salary. The IT company had not done that. Labour department did not issue the notice to the Security Agency for non-compliance of Karnataka Shops and Establishment Rule, 1963 but then had issued it to the IT company because it was the principal employer.
Imagine a situation wherein outsourced employee working in some factory meets with accident. Then who is responsible for payment as per the provisions of Workers Compensation Act? Contractor or principal employer? Obviously latter.
Anyway replies from other senior members are welcome. In the meanwhile you can check provisions of Maternity Benefit Act 1961 and Contract Labour Regulations Act, 1972.
Ok...
DVD
From India, Bangalore
Thank you sir for your kind reply..
I can give you some detailed information here,
I am working in National Institute of Naturopathy, Pune which is a central Govt Institution. But we are out sourced from SIGMA human resources,pune and they pay us every month. Only 8 casual leaves are there per year. now yesterday also i asked my director about this as he is the head of NIN, pune he told this is govt institution and you are contract employees so you are not eligible for these things. Please say me what should i do further sir.
From India, Pune
I can give you some detailed information here,
I am working in National Institute of Naturopathy, Pune which is a central Govt Institution. But we are out sourced from SIGMA human resources,pune and they pay us every month. Only 8 casual leaves are there per year. now yesterday also i asked my director about this as he is the head of NIN, pune he told this is govt institution and you are contract employees so you are not eligible for these things. Please say me what should i do further sir.
From India, Pune
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf