Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Management Consultancy
+1 Other

Good morning all. I have joined one government based sector as contract employee for one year (extendable). At the time of joining am 5 month pregnant. I worked for 4 months and took maternity leave for 5 months till Jan 2018. I got salary from Mumbai based consultancy.Initially I applied MB for my consultancy. After discussed with there team, they replied am applicable for that and asked to sent documents for my company approval.
Later they mailed me "Talk to your office". I approached my office (Immediate employer) for MB. They said am outsourced , no one in this organization got MB, your contract doesn't contain such eligibility, we are paying salary for replaced candidates . They never ready to hear about MB act 2017. Will MB act is applicable to all organization? Whether Company contract breaks Maternity benefits?

From India, Perambalur
Please visit your nearest regional labour Commissioner office with written complaint your problem will be solved as you are eligible for MB if you are not covered under ESI & You are coming under the definition of an employee under MB Act
From India, Pune
PF only deducting . If i complaint , is there possible for termination? Already two women are in waiting list after completing maternity leave. They saying currently no vacancy , if vacancy is there we will call . For contract employee, after maternity leave is there chance for termination ?
From India, Perambalur
Even for permanent employee after ML period there are chances of termination for no reason so beware before going to Labour Commissioner.
From India, Pune
Firstly, you are eligible for Maternity leave and other benefits as per the MB Act. Secondly, who pays, your organisation i.e., the contractor has legal liability to pay.Thirdly and most importantly what to do in the face of threat of termination, the legal remedy is to inform the Local Labour Office so also you can bring this to the notice of Women's Commission, both State level as well as National. They are known to respond fast and effectively in the matter. Law protects the women's rights and the service condition cannot be adversely affected on account of Maternity Leave. So you need not have to take it lying low. After the 2017 amendment, it is for the employer to spread awareness of women rights as per the Act to its employees and the practices it is adopting is in breach of law and is punishable.
From India, Mumbai
Dear Selvi,
What is the type of that "Govt. based sector" you've mentioned? A Shop or Factory or Mine or Plantation? PF deducted means whether it is EPF or GPF?
If the MB Act is applicable to the establishment which outsourced your services for them, you are entitled to maternity benefit. You can file complaint against both.

From India, Salem
It is an company handling government related tender files. Deducting only EPF and professional tax. Not ESI.
From India, Perambalur
Dear Anitha,
Your quick response is nice. The maternity benefit provided for u/s 5(1) of the MB Act,1961 is wages as per the definition of the term under the PW Act,1936. Therefore, the vicarious liability enjoined upon the Principal Employer u/s 21(1) of the CLRA Act,1970 - which adopts the definition of the term " wages " under the PW Act,1936 by reference - is equally applicable to the maternity benefit payable to a contract labor. That's why I suggested to file a claim against both the contractor and the PE. Coming to the question of providing employment to a woman employee on the expiry of maternity leave, the employer can not deny her re- employment on the ground of no vacancy created by the appointment of a substitute in her place for the leave of absence on account of maternity is to be treated as continuous service as per Sec.25-B of the ID Act,1947.

From India, Salem
Dear member, I think, issue regarding eligibility of maternity benefit to contractual staff engaged in government units/PSUs was discussed in this citeHR many times. Though, I could not locate all such threads, however, online link of one of such threads is mentioned as follows for your information:
I think, the decisions of the Hon'ble courts as mentioned in this threads will definitely guide you about your rights so far as claim under the Maternity Benefit Act, 1961 is concerned.

From India, Noida
Dear Selvi,
You are eligible for the maternity benefit at first sight. Your employer can not deny the applicability of the MB Act for various reasons, if not directly but implored through principal employer on whose establishment work is carried on.
The amount of benefit depends upon your job, since your job contract is expiring on completion of one year! Your case is completely different as you have not having any clause.
But in general, in good organisations they put special clauses to avoid pregnancy during the tenure of this type of contractual job.

From India, Mumbai
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