Respected sir,
I am working as a contract labour in National institute of Naturopathy as a Junior physician since march 2011. I was outsourced from Sigma human resources company. I was pregnant and was working in the institution till due date. I claimed for my maternity benefit. But i have not received any reply from the Sigma office. They never bother to response me. Please help me in this and kindly let me know what I have to do in this regarding. Now I have re joined my duty from oct 1. I took a leave of 3 months and 1 week. I would be happy if am entitled with the maternity benefits from the government side. My officeers from the Sigma say that as am a contract employee I am not entitled to such benefits. Please help me in this regard.Now they have also started anew rule of making the contract for a year and renewing it each time. when i joined they took me as a new employee. They did not give me the CL benefits also for those three months.
From India, Pune
I am working as a contract labour in National institute of Naturopathy as a Junior physician since march 2011. I was outsourced from Sigma human resources company. I was pregnant and was working in the institution till due date. I claimed for my maternity benefit. But i have not received any reply from the Sigma office. They never bother to response me. Please help me in this and kindly let me know what I have to do in this regarding. Now I have re joined my duty from oct 1. I took a leave of 3 months and 1 week. I would be happy if am entitled with the maternity benefits from the government side. My officeers from the Sigma say that as am a contract employee I am not entitled to such benefits. Please help me in this regard.Now they have also started anew rule of making the contract for a year and renewing it each time. when i joined they took me as a new employee. They did not give me the CL benefits also for those three months.
From India, Pune
DrKalpana,
employer not bound to give you maternity benefit,it happen internal policy of differents employer. But as per your said you are contract labour so Every service provider company come under CLR Act who have registered under ESI and PF so if you have ESI no or esi card than you collect three month salary from your ESI branch office having submit Form-22.
From India, Calcutta
18employer not bound to give you maternity benefit,it happen internal policy of differents employer. But as per your said you are contract labour so Every service provider company come under CLR Act who have registered under ESI and PF so if you have ESI no or esi card than you collect three month salary from your ESI branch office having submit Form-22.
From India, Calcutta
MADAM,
PLEASE DOWNLOAD THE MATERNITY BENEFITS ACT 1961 AND STUDY THE PROVISIONS.
YOU ARE ENTITLED FOR 12 WEEKS OF PAID LEAVE ( salary of 84 days) AND OTHER BENEFITS AS APPLICABLE.
IF YOUR SALARY IS LESS THEN RS.15,000/- YOU WOULD BE COVERED UNDER THE EMPLOYEES STATE INSURANCE ACT 1948 AND BOTH YOUR CONTRACTOR AS WELL AS PRINCIPAL EMPLOYERS ARE LEGALLY BOUND TO EXTEND YOU BENEFITS.IF THEY HAVE PAID CONTRIBUTIONS TO ESI CORPORATION. THE BENEFITS COULD BE CLAIMED FROM ESI CORPORATION.
IF YOUR CONTRACTOR FAILS TO PROVIDE BENEFITS YOU MAY RAISE THIS ISSUE WITH YOUR PRINCIPAL EMPLOYER AND CLAIM THE SAME. IF THEY ALSO REFUSE YOU CAN FILE COMPLAINT WITH LABOUR COMMISSIONER OF YOUR AREA.THEY WOULD SERVE NOTICE TO CONTRACTOR AND PRINCIPAL EMPLOYER.
P.N.PATHAK.
SR.HR.MANAGER
9822790693.
From India, Pune
PLEASE DOWNLOAD THE MATERNITY BENEFITS ACT 1961 AND STUDY THE PROVISIONS.
YOU ARE ENTITLED FOR 12 WEEKS OF PAID LEAVE ( salary of 84 days) AND OTHER BENEFITS AS APPLICABLE.
IF YOUR SALARY IS LESS THEN RS.15,000/- YOU WOULD BE COVERED UNDER THE EMPLOYEES STATE INSURANCE ACT 1948 AND BOTH YOUR CONTRACTOR AS WELL AS PRINCIPAL EMPLOYERS ARE LEGALLY BOUND TO EXTEND YOU BENEFITS.IF THEY HAVE PAID CONTRIBUTIONS TO ESI CORPORATION. THE BENEFITS COULD BE CLAIMED FROM ESI CORPORATION.
IF YOUR CONTRACTOR FAILS TO PROVIDE BENEFITS YOU MAY RAISE THIS ISSUE WITH YOUR PRINCIPAL EMPLOYER AND CLAIM THE SAME. IF THEY ALSO REFUSE YOU CAN FILE COMPLAINT WITH LABOUR COMMISSIONER OF YOUR AREA.THEY WOULD SERVE NOTICE TO CONTRACTOR AND PRINCIPAL EMPLOYER.
P.N.PATHAK.
SR.HR.MANAGER
9822790693.
From India, Pune
If you are covered under ESI then u are entitled for maternity benefit under ESI scheme . If not your contractor has to pay you under Maternity benefit Act.In case of denial you can approach the Inspector under the Act.
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
Thank you Mr. P.N.PATHAK.& VARGHESE MATHEW. As my salary is above 15000 am not entitled to ESI. They have taken me as a new employee. Will this affect in anyways to my benefits? Because they have cut my pf and all other bonuses for this 3 months.
From India, Pune
From India, Pune
Dr.Kalpana If u had worked under the employer for more than 90 days in the period of one year preceding ur date of confinement, u will be eligible under the M B Act. Varghese Mathew 09961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Member
It does not matter whether you are working on direct rolls or through a contractor. Under the circumstances stated by you your employer is "Sigma" and they are bound to give you benefits under the provisions of Maternity Benefit Act. Please make an application in the prescibed form (Refer Maternity Benefit Act) to the employer. If the employer refuses to pay, suggest you to approach the Factory Inspector / Shops & Establishment Inspector with the copy of the application.
Hope you will be able to convince your employer that the benefit you are seeking is your right and not a favour.
Regards
Preetam Deshpande
From India, Mumbai
It does not matter whether you are working on direct rolls or through a contractor. Under the circumstances stated by you your employer is "Sigma" and they are bound to give you benefits under the provisions of Maternity Benefit Act. Please make an application in the prescibed form (Refer Maternity Benefit Act) to the employer. If the employer refuses to pay, suggest you to approach the Factory Inspector / Shops & Establishment Inspector with the copy of the application.
Hope you will be able to convince your employer that the benefit you are seeking is your right and not a favour.
Regards
Preetam Deshpande
From India, Mumbai
Dear All.
This is my 2 month of pregnancy and doctors told me for bed rest for my 3rd month, i want to know can i eligible for Statutory Sick Pay in maternity benefits. and for how many days and what is the procedure to get this benefit under ESIC (Delhi).
Please reply as soon as possible.
From India, New Delhi
This is my 2 month of pregnancy and doctors told me for bed rest for my 3rd month, i want to know can i eligible for Statutory Sick Pay in maternity benefits. and for how many days and what is the procedure to get this benefit under ESIC (Delhi).
Please reply as soon as possible.
From India, New Delhi
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Right to payment of maternity benefits.doc