Understanding Maternity Benefits and Labour Laws: A Comprehensive Discussion

Hi everyone,

Can you please let me know what exactly are the maternity benefits provided by the company for the employees who are not covered under ESIC? Secondly, are maternity benefits a part of labor laws?

Regards,
Neha.

Hi Neha, This is Padma.

To be eligible for the benefit, the employee should work for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery. The maximum period for which any employee shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.

Subject to the Maternity Benefit Act, 1961, every woman employee shall be entitled to the payment of maternity benefit at the rate of the average daily salary for the period of her actual absence. This is in force in relation to shops and establishments in a State in which ten or more persons are employed on any day of the preceding twelve months.

Hope it helps.

Regards, Padma

Hi seniors,

I have a small query regarding maternity benefits. I joined this company on 1st October 2011, and for my first two months, ESIC payments were made manually. I also have challans for the same, and my delivery date is 6th August 2012. Am I eligible for maternity benefits?

Hope this clarifies.

Regards,
Sheetal (Andheri)

Dear Neha,

In a Philippine setting, and I believe in other countries as well, the basic principles of the employment system (not to mention "Generally Accepted Principles") apply regardless of the stipulated substance of the contract, whether written, implied, or the employment status quo. The Labor Standards (Government Implementing Guidelines) were created for the benefits of the employees (maternity, accident, wages, and all other fringe benefits), whether stated or not stated.

An EMPLOYMENT CONTRACT, by definition, is an instrument of convergence between the employer and the employee and does not always follow the settlement unless substantiated by the provisions in accordance with the sovereign law. For example, even if your maternity benefits are not stipulated in the contract and even if you have agreed to the terms, the labor law trends may impose preemptive measures voidable in your favor.

You should always remember that the principles of the employment system shall always be viewed through the prism of tripartition.

Regards,

Vlademir