Paid maternity leave to professional consultant in an IT company? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Glidor
Hr Consultant

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Kindly help me to know about act of paid maternity leave for professional consultant. I am working as a consultant in an IT company which works for Bihar government projects. My company don't provide PF ESIC, only they deduct 10% of TDS. I am not a employee of my company only on a contract basis consultant. Kindly suggest me if i am eligible for 26 weeks maternity leave or not. i have read act 1961 and also act 2017 of labour department but still i am confused. Please help me.
Dear Kritika,
At times the modern nomenclature of designations of the hired persons leads to some sort of confusion as to whether the contract between the hirer and the hired is that of "contract of service" or "contract for service". The designation "consultant" is one such I think. Normally, a consultant is one who offers his expert advice to the other whenever so demanded for the monetary consideration called "retainer fee" or "consultancy charges" on time basis or assignment basis respectively as the case be. There is no employer-employee relationship between the parties. Now-a-days, certain specialized posts filled with regular employees on the roll of the company is also termed as "consultant". Therefore first decide for yourself where you fit in.
If you are only a consultant on retainer basis, the employer is not bound to pay anything other than the retainer fee already agreed.
On the contrary, if you are a regular paid-employee on the rolls of the company, you are entitled to all the statutory benefits including maternity benefit as and when the occasion arises.

two combo of words set
1) pay for work - here the employee is regular, have to attend all days, fixed duty hours, eligible for all workmen benefits, OT etc also
2) pay to work - here the employee is not regular, have to attend for any stipulated date, can work for hours as he /she wish, but complete the job domain as his/ her ease , consultants / lawyer / CA are not regular employee of establishment, though they do all work of whole year, but just finalizing the work / filing returns etc, which is not done on daily basis. may b e for full day job for whole month or may be few hours job in month, they are not enrolled in payroll / attendance register
in short the consultant is treated at par to do work, like plumber, electrician or other misc works which are needed by industry, at regular "intervals",
to make claim of maternity benefit, employee has to be regular employee from certain period in past, ESIC/EPF may not be deducted, if the gross payout is over 21000 per month, but attendance matters
normally in such incidents employers seek invoice or bills, from consultant, on which TDS is deducted u/s 194 C of IT act
calculate your position in establishment, then proceed further for claim

Dear Sir,
Thank You for your valuable information. Kindly inform me by your valuable suggessions about maternity act 1961 which says “woman” means a woman employed, whether directly or through any
agency, for wages in any establishment. and maternity act 2007 which says consultants or contractual employees are eligible for paid maternity leave.also solve my query if my HR says that i am only a consultant not an employee then should i eligible for work from home?

Dear Sir,
@ U S Sharma sir, my TDS deducted u/s 194IA tds on rent of property u/s 194IB. Form 26AS,Annual tax statement under section 203AA of income tax act 1961. Kindly help me and advice me about work at home if i come under professional consultant.really need your suggestion.
Thank you,
Kritika

Madam..Did you get maternity benefit??
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