Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Bhartiya Akhil
Freelancer
Sagar Gulani
Hr Manager
Your Friend
Hr Executive
Bidhu76
Sr.executive Hr
+1 Other

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Anonymous
Dear Seniors,
One of our employees will be going on maternity leave soon. Her salary have two compenent: Fixed CTC and Variable CTC. While Fix CTC is basic HRA, TA etc. VCTC is like target based incentives paid monthly & payment varies based on slab L1, L2, L3 acheived based on revenue target met that particular month.
Now my question is will she be paid fixed CTC during leave period or variable also. And of variable is paid then based on what slab (Highest/lowest).
It would be great if you can elaborate your answers with thought behind it and section of Act if any.

From India, Delhi
If a person goes on authorised leave with wages, the leave salary would comprise of only the basic, D.A and other fixed allowances and not any monies relatable to performance. Maternity benefits include the average wages the woman would have earned but for the leave of absence due to maternity as described u/s 5(1) as well as other benefits conferred under the Maternity Benefit Act,1961. Therefore, the variables relatable to actual performance need not be taken into account for payment of wages for the leave of absence due to maternity.
From India, Salem
Anonymous
Thank you sir Umakanthan.M. Even I felt so, but confusion is In maternity act where wages is defined it is written it inculdes 'incentive bonus' but not other bonus. And this 'incentive bonus' is confusing me. What does this term means. Can monthly target based performance based pay fall in this category or treated as any other bonus? As she won't be meeting any performance based targets in this duration.
I would really appreciate insights on this.
Extract of act:
(n) "wages" means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes-- (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of foodgrains and other articles, but does not include--
(i) any bonus other than incentive bonus;

From India, Delhi
Anonymous
Seniors, pls share your knowledge on this.
From India, Delhi
Dear Anonymous, Over thinking will create problems which are not even there. Umakant Sir gave perfect answer. Please consider it. Regards, Sagar Gulani 9974646108
From India, Surat
Dear Anonymous, Umakanthan sir has given perfect answer, so just go with it. VCTC can not be part of Maternity.
From India, Pune
In my openion, incentive bonus which mentioned in the act refers to the Incentive amount linked to the performance of the company. For example production incentive to workers, even though she is has no role in achieving the production inventive target, still she will be eligible for Incentive pay.
Srikanth V

From India
In my view Incentive Bonus is nothing but Production Bonus. Production Bonus can be fixed or variable amount depending upon production. The incentive bonus mentioned in the Maternity Benefits Act refers to fixed incentive which is available to all employees who were personally or physically present for production. Normally, an employee on authorised leave will be treated as present and as such they would also be entitled to production incentive unless otherwise agreed upon as part of settlement or contract of employment.
From India, Kannur
If your policy provides for any minimum incentive or the criteria for any of the slabs is met by her even when she is on maternity leave, thrn VCTC will have to be paid to that extent, otherwise not.
- Shobhit Mittal
Industrial & Labour Law Advisor

8077779793, 9319956443

From India, Faridabad
Dear colleagues,
The very most objective behind PMS is to reward employees based on certain , quantifiable and specifically assigned TARGETS to one. In fact . money wrt every assigned targets is also known when KRAs are signed-off initially for the fin.year.When employee is on maternity leave or even prolonged sick leaves, targets assigned can not be achieved, employee thus need not be considered entitled to PMS/ VPP money during corresponding KRAs.In the first place, when employee proceeds on maternity leave normally other salary components minus PMS money is to be considered.
Regds,
RDS Yadav
Director,
Future Instt. of Engg. and Management Technology , Bareilly
and
Director,
NAVTARANG HR SERVICES
Mob.-08439811539/WA-09634532026

From India, New Delhi

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