PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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KK!HRThis is a violation of the Maternity Benefit Act 1961 and a complaint to the Labour Officer of the local area where your unit is located would bring all of them to sense and act as per law. Before that, you can make a formal application mentioning the pregnancy and seek benefits as admissible in law.
From India, Mumbai
srivastavacmlalDear Anonymous Citehr Member,
At the outset I shall wish best of fortune and excellent health to you as you are entering into a new phase of precious motherhood in your life. So first take care to maintain good health and have the least mental botheration. It will bring you happiness and better luck in your future prospects.
Before I begin to write my professional opinion on your query, I shall refer to the universal saying that - "Everything happens for the best." Therefore let us be content within ourselves as patience is the path for achieving success in life.
Now coming to your query, it is understood that you are engaged on contractual employment which is renewable on availability of projects. The company has been unable to obtain renewal of the project on which you are working and the end date is 31st August 2022. The company has given you 3 months' notice for reassignment / termination. But incidentally you plan to avail Maternity Leave (ML) from September 2022 that means you are in advance stage of pregnancy.
3. It is not clear whether you have applied for ML in writing or just had a talk with HR. Since you have already received a notice therefore you can give consent for reassignment to another project w.e.f. 1st September 2022, and also apply in writing / by email for your ML. Let the HR give you a reply in writing. Please remember to remain courteous and polite in your communication.
4. Filing a complaint with Labour Dept. is your legal entitlement and it will entail a protracted battle between you and the company. Though you may win the legal battle, but it may not be positive feedback for your future employment.
5. So I suggest to take care of your precious motherhood and shed all worries and fears. The newcomer will bring better luck in your life.
6. When you receive the reply of HR to your ML application, you can contact me for further course of action.
God bless your life and family.
Chandramani Lal Srivastava
Master Consultant: Service matters, IR and Contract Management
From India, New Delhi
umakanthan53The cause of action giving rise to a claim for maternity benefit under the Maternity Benefit Act,1961 by a woman in continuous employment of not less than 80 days during the preceding 12 months period in the establishment is delivery, medical termination of pregnancy or miscarriage. As per the definition clause u/s 3(h) of the Act, "maternity benefit" is the leave of absence with wages as set out in section 5(1) of the Act which is of course different in respect of the nature of the cause of action for the claim. Therefore, to stake a claim for maternity benefit under the Act, the woman must be in the service of the establishment on the date of the cause of action for the claim. This is the legal position in normal circumstance.
However, the provisions of section 12 of the Act envisage certain special circumstances involving the termination of employment of the pregnant woman at the instance of her employer by way of dismissal or discharge.
Section 12 (1) imposes a blanket ban on any orders of dismissal or discharge of the woman or any notice thereof when she is already absent from work according to the provisions of the Act.
Section 12 (2)(a) of the Act extends a concession that the woman shall not be deprived of her maternity benefit if she happens to be dismissed or discharged anytime during her pregnancy.
The narrative of the thread compels one to indulge in a presumption that the poster was not a regular employee of the MNC but only a project-based fixed term contract employee. What I am able to understand is that only if the poster is not willing to accept the redeployment arranged by the MNC, her services would come to an end on 30-10-2022. Therefore, not being carried away by the informal observation of the HR about the proportionate maternity benefit, first the poster can just give her willingness for redeployment. Perhaps, the HR might have misread the employment benefits available to an employee on FTC basis. Maternity Benefit of 26 weeks leave of absence with wages for delivery should be granted in full and not on proportionate basis.
By doing as suggested supra, you can take the protection of the entire provisions of section 12 of the Maternity Benefit Act,1961 in the event of denial.
From India, Salem
Thank you for your valuable inputs. Below is more clarification about the situation:
I am confirmed/permanent employee of company and working for 3.5 years for one project or you can say customer of company.
Company is offering enrollment for other project on availability basis but I am getting only 30days to get availability information, internal interview and posting instead 90 days.
I will defiantly try my best for reallocation in another project but afraid why they will accept me as I am going on leave in a month. We are 12 team members who were looking for relocation so they will get priority as per my assumption because I will be additional cost for the new project.
I am going to write to HR for requesting full Maternity leave benefit, I will get back here with the reply from HR.
From India, Pune
srivastavacmlalDear Anonymous Cithr Member,
Your reply in clarification of your previous post indicates that you are a confirmed employee posted on company's customer project. Since the present customer-project is going to end, therefore company has given you opportunity to work on another project, and if you do not give consent for reassigned project your job will be terminated. In this scenario I have already requested you that you should give your consent to accept new assignment as soon as you can,if not already done. Do not be pre-occupied with presumption as to why the new project will bear your cost. It is the company who has to allocate your salary and other cost to suitable heads to keep your employment alive during the period of Maternity Leave. You do not have to worry about it.
2. With respect to your view point that you have only 30 days instead of 90 days notice period, your thinking is right but you do not have to worry about it. It is the company who has to decide its course of action as to how and when you can be deployed on the new assignment as you will be on ML from September 2022. You are entitled to 26 weeks paid absence from duty (in addition to your normal leave entitlements) which the company is duty bound to allow to you and pay you the wages. So you have to apply for leave immediately in writing as I earlier suggested and get reply of HR. Next course of action will depend upon reply of HR.
3. Please note that you have to submit maternity leave application alongwith medical certificate showing your EDD.
With best wishes,
Chandramani Lal Srivastava
Master Consultant- Service matters, IR, Tender/Contract Management
From India, New Delhi