Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kamalkantps
Advocate
Tushar.swar
Manager - Human Resource
Ashishshow
Legal Advisor Compliance And Benefit
Rajusharadha@yahoo.com
Managing Director
Malikjs
Gm (hr)
Charan Gonuguntla
Sap Consultant

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Dear Sir or Mam my self savita patial i am working in contonment hospital 14GTC subathu (solan), as a GNM . i m 8month pregnent so when i ask my hospital staf and office mambers about my maternity leave then they said you are a out sourse person and u r not alligibel to maternity benifts. So tell me that they are rigth, i can don't take this benifit. Its very urgent so plz tell me. Thankx.
Hi savitha gud mrng Hw many years u worked for that company. In your offer letter they will mention. Kindly go through it
1. Dear member, I think, "Cantonment Hospital" means it is under Ministry of Defence, Govt. of India. Further what is the full meaning/form of "GNM" ? Since when you are working in above Hospital ?
2. Further, how many staff are working on contract basis in the said hospital ? Whether such contract is through any contractor or agency ?
3. If the contract is through any "contractor" or agency, please specify whether you have submitted any claim of maternity benefit to the said contractor/agency.
4.In case there is no outside contractor or agency, whether you have entered into any terms and conditions with the employer-Hospital management ? If so what are the provisions of compliance of labour laws including the Maternity Benefit Act, 1961 in the said terms and conditions ? Hope you will submit complete details.

Sir i am working hare last july 1st 2014. Full meaning of GNM is General Nursing Midwirery. Their are 3 person is working on contract basic, contract is through by contractor, i have subbmitted a application for maternity leave in office but my office stafe is said that you are a out source person and you are not applicable to take a maternity benifits. Sir this is a outside contractor by the name (uttam business ) . But the ceo mam said that if you have any proof that outsourse person can take maternity benifits so you can show me but sir i have no proof can you help me.
1. Dear member, please confirm whether the hospital is under Ministry of Defense, Govt. of India. How many total employees are working in this hospital (approx) including contractor employees.
2. There must be some terms of conditions of your appointment through contractor. Please see if there is mentioned about any think in said terms and conditions relating to maternity benefit and compliance of other labour laws. Please ask from your contractor about the position of your entitlement for maternity benefit.

Hi Savita,
Maternity act is applicable for all Pregnent woman and it's not a matter that you are contractual worker or Direct employee of those company. so you can apply for Maternity leave with pay and you will get 6 weeks leave with pay before your aspected date of delivery and weeks leave after your birth of child with leave with wages. (if you complete 80 days service under Maternity Act)
so please write a letter to your company HR and submit them with your Medical certificate and you have required to clearly mention your aspected date of delivery and if you are cover under Esic then please visit Esic office they will provide you leave certificate and those certificate submit at your company Hr they will approve your leave.
and then after they will not grant your leave then please visit your nearest Labour Office and drop letter regarding this matter to Labour Commissioner.
Regards
Ashish Shaw
ashishshow143@gmail.com

Hi Savita,

I would like to share my views in this regards as below..

1) you definitely eligible for Maternity benefits irrespective whether your not contract or direct employee.

2) you should submits the application to your contractor (direct employer) instead of your principle employer, as advised by other members too, but, for safer side, you may submits one copy to them also.

3) In case of Maternity Benefits act. any of agreement, which obstacle or restricted for this benefits, such clauses shall be null & void by this act. under section 27 of Maternity Benefits Act 1961 " Effect of laws and agreements inconsisten
t with this Act.- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this Act.

4) Failure of providing the such benefits by employer, its cognizable offense, penalty shall be attract as per section 22 "Penalty for contravention of Act by employer.- (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or is charges or dismisses such woman during or on account of her absence from work in
accordance with the provisions of this Act, he shall be punishable with imprisonment which
shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contrave
ntion, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that where the contravention is
of any provision regarding maternity benefit or regarding payment of any other amount
and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.

5) If still your employer is not providing the benefits under this act.& asking you to proof your eligibility then, ask them to first refer the act.& if in case, something wrong happen to your or your baby's life due to the same then, this all responsibility to come on your contractor & principle employer. Or tell them, that, your going file case to regional Labour commission.

Regards,
Tushar Swar
ACHRM, MBA-HR, D.L.L (Hons)

Even though you are outsourced you are entitled for Maternity benefits. If you are outsourced means you have been taken into service based on agreement by an outside agency, you are working. They are your employer and you are entitled for maternity benefits. If your employer failed to give the maternity benefits you can claim the same from your principal employer.
regards
raju

Dear advisers my office mambers is saying that give us a written proof that outsource person is applicable for maternity benifits. So plz sir tell what I do, can you tell me in which clouse of maternity act I can see him/her they can satisfied.
Dear savita
please refer maternity benefit act 1961 applicability clause.this act is applicable to all establishment.As you are a contract employee than uttam business responsible
to make your payment for 12 weeks as maternity benefit but if he fails to make you the payment than hospital is liable to make you payment as principle employer.


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