Thread Started by #Anonymous

Hello every one,
I need a urgent suggestion/ help regarding maternity paid leave for fixed-term contractual employee in Private company.
I have joined this company on 7th May 2018 with 1 year contract agreement as Consultant (Manager), which is subject to renew before expiry (6th May 2019). The payment is consolidated after 10% TDS deduction and company mediclaim policy coverage & others facilities same as permanent employee.
Now I have applied for Maternity leave of 26 weeks from 18th March 19, (at 36th week of pregnancy-EDD-6th April 19) to 16th September, 19. But My contract will expired on 6th May 19. I had talk with SVP who told me he can approve the leave upto 6th May 19 after he could not show me in any long term project. So there is no hope for renewal of contract where I will not be present at the time of expiry of contract. I am waiting for the final decision from HR. If they are fixed to the point, I will get only 7 weeks maternity benefit but I will loose my job after contract and loose 19 weeks of maternity benefit too.
My queries are-
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not?
2. What is my stand to claim the benefit or eligibility of claiming the benefit?
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right?
5. If I will not get the full benefit what should be the next step to claim my rights?
Kindly advise/ suggestion regarding these matters ASAP.
15th February 2019 From India, Secunderabad
Hi,
Please find reply to your queries as below :
1. How can I avail full maternity leave? Is maternity leave (paid leave of 26 weeks) right to women employee/ fixed term contract employee or not? - As per the recent judgement from Delhi High court the ML is applicable only till the last date of contract in case of contractual employment.
2. What is my stand to claim the benefit or eligibility of claiming the benefit? - Not eligible after completion of contract.
3. Non-renewal of FT contract can be considered as dismissal of contract? Dose it require to be renewed by the authority or it has to be renewed by the authority by law. - No it is not compulsory of renewal until and unless mentioned in your current contract.
4. As per the Maternity Benefit Act, Labor Law or other GoI acts, what is my right? - Your rights are of ML till the last day of your existing contract.
5. If I will not get the full benefit what should be the next step to claim my rights? - answer is available in above given details.
15th February 2019
Important Case Law of High Court Delhi under Maternity Benefit (Amendment) Act 2017.......
Artiben R Thakkar (Dr.)....Petitioner
Vs.
Delhi Pharmaceutical Sciences and Research University & Anr......Respondent
A challenge is from petitioner employee to the action of respondent declining maternity leave for 26 weeks on the ground that petitiiner's employment ended on 15th May which was extended to 30th June. The Court held that : (1) Full maternity leave if 26 weeks in terms of amended Act could not be extended to Petitiiner because her contractual period ended. (2) As a special case, her contractual period was extended till end of academic session. Neither there is precendent nor justification to extend such benefit to contractual employee. (3) Respondent can not be called upon to extend contractual period to ensure that Petitioner avails full maternity leave. (4) Benefits attached to a service come to an end once the term is complete.
Hon'ble Court also observed that it is elementary rule of service jurisprudence that benefits attached to service comes to an end upon completion of the tenure hence there is no substance in the petition and therefore it is dismissed.
15th February 2019
Whether the person is on fixed term or permanent basis,she is employed women and eligible for MB subject to fulfilment of other conditions of the Act.
16th February 2019 From India, Thiruvananthapuram
Manoj Sir,
Kindly share the soft copy of the judgement on the above thread - Cite Hr fraternity academic Interest.
Regards,
16th February 2019 From India, Andheri
For more information, You can contact our payroll department... https://www.prolifichr.com/manpower-payroll-outsourcing
16th February 2019 From India, Bengaluru
Neither I wish to hurt anyone's feelings nor am against the entitlement of any benefits. What I observed from the presentation of post that is it well planned attempt to claim the maternity benefit. The EDD is 6th April, 2019 just 1 month before the expiry of contract.
Now a days we find cases that some women join the organisations, who are aware that they are pregnant but doesn't disclose at the time of joining and then start inquiring about their benefits, rights etc., who have not put even 6 months of service.
Now from our routine life how many of us considering to provide some benefit to our maid servants who are availing maximum 2 to 3 months leave for their delivery depending upon their financial conditions. Some poor women start working after 2 months also because they are worried about their families bread and butter. The answer is >95% NO.
We are giving birth to our children for our own need and not for society. Therefore we should pray to God for safe delivery and healthy child, rest of the things are secondary in life.
Please excuse me if anyone's feelings are hurt of my post.
Earlier employers were comfortable with 12 weeks ML. Govt. should have amended ML 13 weeks with pay and 13 weeks authorised leave without pay to look after the child's health.
Regards,
Suresh
18th February 2019 From India, Thane
Hi Suresh,
What I understood from your comment you are little disturbed with Maternity benefits of women. From the post it is clearly understandable that the lady come to know about her pregnancy after joining (simple mathematical calculation tells the truth) so it was not well planned. Each and every women in this country have the same right. She has a strong right to fight against it as the employer is still utilizing her efficiency and she is still performing. Act is straight forward in many cases with proper justification. Now the question is if the employer is recruiting anyone in place of this lady or continuing the project she was in then she should file a case against the employer and the person who is taking this step because of her pregnancy. Private organizations are very cunning should be treated strongly. Thanks Suresh to show your interest to understand the mentality against the same.
19th February 2019 From India, Champapet
Hi Manoj,
Here u refer a case I think which is not perfectly matches with her case because she is working on project (short term/long term) and her contract is not based on class session like Artiben R Thakkar (Dr.) case.
I have another reference. pl go through the link.
https://www.livelaw.in/temprorary-ad...at-read-order/
CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing.
Regards
Dr. Ganguly
20th February 2019 From India, Champapet
Read the following Kerala HC judgement also,
Rasitha C H v.State of Kerala
Rakhi PV v.State of Kerala
Mini V v.LIC
20th February 2019 From India, Thiruvananthapuram
You can check this case similar to your case.
https://www.obhanandassociates.com/b...ual-employees/
Decision by the Court
The Court was of the view that maternity benefits are not merely a statutory benefit or a benefit flowing out of an agreement. This form of benefit is attached with the dignity of a woman. Justice A. Muhamed Mustaque while tracing the history of the Court, placed reliance on Mini vs. Life Insurance Corporation of India2 and Rakhi P.V. and Others vs. State of Kerala & Another3 (ďRakhiís Caseď) wherein it was held that a woman cannot be compelled to choose between motherhood and employment.
The Court further negated the contention of the Respondents which stated that since the Petitioner is a contractual employee, the Petitioner could claim a maximum of fifteen days of casual leave during the tenure of one year and abstention from duty on account of medical conditions of maternity.
The Court stressed on Rakhiís Case, wherein it was held that women employees working on contractual basis cannot be denied maternity leave. The court stated that, Ē In Rakhiís case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.Ē
20th February 2019
Hello Suresh,
There is nothing wrong in mentioning your observations. You just narrated whatís happening. I donít think its aimed at to hurt anybodyís feelings except that Ďgeneralisingí your comments as if everybody behaving like what you said. There are many, innumerable exceptions & exemptions. Having worked in both govt./quasi-govt. & private sector for over 42 yrs I could find private sector far better in implementing labour laws than their counterparts in govt.sector. Iím sure, you donít feel hurt, Iím sorry about that, if Iím little personal in my observation. As a son of a mother you are very much aware what pains a mother would have undergone- in safe conceiving of a fetus, giving birth to a healthy child, nursing the child from diseases, bringing up, taking more than enough care more than herself, meeting every need- even after grown up & get them married, repeating these same with much more care & love on grand children, till she dies. Not only that, in addition taking care of husband, other siblings, her kith & kin. Some under goes much more stress if the husband misbehaves, a drunken; tolerate & bear the onslaught of rogues in society. Not to end, on top of it she also earns for her own family and still cares & extend support her parents & siblings side by side. Not all that, she also should look beautiful & pleasant right from early morning, thruí the day and satisfy her males in & outside, on the bed and still she should be fresh. Huf.. enough. I have no doubt, sure you are aware of all these. We used to know female of Ďweaker sectioní but if you consider all what they undergo & perform mankind had to match them only by twining. Because of these governments across the globe enacted laws only to protect them and to facilitate in their natural phenomena. These type of enactments are only aimed at to partly compensate their physical deficiency and the troubles she is bearing from all around her, to protect in times of necessities. Viewing from this I feel itís not right to question the enactments as somewhat undeserving & inequality. And therefore the 26 weeks ML is aptly justified. I think you must have comeacross, this is not followed by every employee. Young mothers are not allowed to resume their job after delivery/close of ML. Why this injustice?
Yes ofcourse, some, only some, donít disclose their state of health while joining and after joining explore avenues to avail leave & other benefits. How can we ensure? pregnancy test? not at all. Also if some one plan her events that following why isít wrong? All of us planning like this then why we should find fault with only pregnant employees? Within the framework of legal entitlements if they plan how we can brand them wrong? afterall itís only lawful. Obviously when some employees avail leave of absence definitely administration will have to face certain inconveniences & arrange alternatives but itís inevitable. Is this not happening if some one has to avail sick leave following an accident, aren't they allowed to work from home nowadays? Just because they are employed it doesnít mean they shouldnít mind risks to their health. When you are talking about Ďmaid servantsí, yes they are also deserving all benefits. But there is difference, in many cases they are either part-time or casual as and when required on hourly basis. Very small nos. only are full time workers. That doesnít mean they shouldnít be extended such benefits. There are also some enactments started to govern their services it's not strictly implemented thou. We have to go by social set up and abide by law in vogue. Isít the only aberration what we notice? There are many such things, are we or can we afford to sensitive to all of these? There is a way of life, swimming along the tide thatís what we do. Questions can be raised thatís also part of life. We express our opinions, views and observations there is nothing to feel bad about it. So long as itís not abusive we are saved. I hope I said nothing wrong here. Let's save womenhood, they are the back bone of our land if not the humanity. Thanks for your read.
20th February 2019 From India, Bangalore
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