2. Currently ESI Act is applicable upto a salary ceiling of Rs.15,000/- so you can not come under the purview of ESI Act.
Regarding PF, the salary ceiling is also Rs.15000/- but this Act allows voluntary coverage unlike ESI Act. So if your company has deducted PF from your salary then you are entitled to get PF, otherwise not considering your present salary as well as number of employees (which is below 20).
3. She can claim gratuity.
4. If she resigns then she has to send FORM I to the company demanding gratuity. If company fails then dispute/ case has to be filed in FORM N before the controlling authority.
With regards point no.3 there seems still some confusion. In search of other posts in this forum we found that gratuity is also payable only by companies having 10 or more employees preceding 12 months. Which means if my friend's company had only 8 employees since July 2015 and my friend resigns in September 2016 she cannot claim? Can you please advise if there is any such rule in gratuity as well. thanks
As 10 or more persons are working, you can claim the Maternity Benefit and if you leave the company after 5 years of service, you can also claim for Gratuity. You are fully eligible for these benefits.
So, your friend will be eligible for maternity benifit but not for gratuity
I am producing below section 2 of MB Act verbatim for your reading with a request to correct yourself.
"2. Application of Act
4[(1) It applies, in the first instance-
(a) to every establishment being a factory, mine or plantation including any such establishment belonging to government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:]
PROVIDED that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.
(2) 5[Save as otherwise provided in 6[sections 5A and 5B] nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being."