Dear Seniors,

I have a query on maternity Act which is applicable to NGO Sector! I had a discussion with my HR Director and as per her view maternity leave is not mandatory for NGO sector, but as a good gesture of the organisation we are giving 12 weeks maternity leave as per Act.
This NGO is reputed NGO in Karnataka and It is registered under Indian trust Act 1882. It has nearly 500 regular employees.
I request forum members to answer this query.

Regards,
Priya
6th June 2017 From India, Bangalore

As per the Amendment of MB Act, the Act is applicable to all establishments either organized or unorganised sector, hence there is no exception for NGO’s to the best of my belief
6th June 2017 From India, Ahmadabad
1. Sir, may I know what is meant by NGO ?. Is there any reference in the Maternity Benefit Act, 1961 granting exemptions to NGOs or Trusts registered under Indian Trust Act ?. If such is the situation, I think, a majority of private employers may form so called NGOs or Trusts to evade coverage under various labour laws.
2. Whether the trust is reputed or ill-reputed is irrelevant in applicability of various labour laws including MBA Act, 1961.
3. Applicability of various labour laws including MBA do not depend upon so called "good gesture", and laws are statutory laws, the non-compliance of which will definitely invite prosecutions under said Act, if any affected employee will choose to take action.
4. Further some of labour laws including MBA do not distinguish between regular or temporary or casual etc. employees. All such persons engaged are employees within the meaning of said Act.
7th June 2017 From India, Noida
Amanded Maternity Benefit Act is applicable to all establishments/ organizations and factories that is increased 26 weeks leaves.
7th June 2017 From India, undefined
Thanks for all your inputs, I understood from my manger that HR has taken legal opinion before communicating to employees and decided to continue only 12 weeks Maternity leave. Is there anything like that?

Regards,
priya
7th June 2017 From India, Bangalore
1. Dear member, I think, the so called learned "legal opinion" is not of much importance for us. We take part in discussions in this esteemed forum on the basis of provisions of various laws in force at present and court decisions etc. on the subject.
2, If the establishment in which you are working is not covered under the Maternity Benefit Act, 1961 then why they are paying the said MB to its woman employee for 12 weeks ? And if covered under said Act, then how can they restrict the said benefit for 12 weeks ? Definitely, the choice is of the employee who is affected by such learned "legal opinion". With best wishes.
8th June 2017 From India, Noida
Even I would agree with Mr. Mehta the legal opinion cannot restrict or curtail the existing benefit of the Act. If you can share the legal opinion of the said learned lawyer then it would help us in gaining knowledge from him/her. Kindly check with your manager if she is just giving an excuse to you
8th June 2017 From India, Ahmadabad
If the lawyer has given a written opinion that the maternity benefit act does not apply to an NGO, then I think the lawyer needs to be changed. Unless of course, there is some other circumstances that you have hold us. Every organisation in the country with 10 or more employees have to give 26 weeks of maternity benefit, and it does not matter whether the organisation is for profit or not.
9th June 2017 From India, Mumbai
No. Only those establishmentseeking falling under section 2 of the Maternity Benifit Act will be covered under the Act.
14th June 2017 From India, Thiruvananthapuram
To the best of my understanding section 2 of the MB Act states which is as under

"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."


Wherein the query poster states that the organisation is ready to give 12 weeks MB Benefits instead of amended/extended 26 weeks. The above provision does not states the fact posted by the query poster.
15th June 2017 From India, Ahmadabad

 

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