Are Expat Women in India Eligible for Maternity Benefits Under Local Laws?

Dear all,

Greetings!

I am working as an HR advisor in an MNC in Chandigarh. We are in the process of drafting and implementing policies, and my job is to work on Labour Laws. Currently, I am working on the Maternity Leave Policy. My question is:

Are foreigner/expat female employees working in India on Employment Visas also eligible for Maternity Benefits as per the Maternity Benefit Act 1961?

Awaiting your valuable comments.

Thanks,
Kirandeep Kaur

Dear Kiran Deep,

In my opinion, she will also be entitled to receive maternity benefits as provided under the Maternity Benefit Act. According to the definition of 'woman,' it means a woman employed, whether directly or through any agency, for wages in any establishment. Thus, the definition does not restrict the employment to any specific place. Moreover, we have not framed any specific labor laws for employees of other countries.

Opinion/comments submitted as requested.

With Regards,

R.N.Khola

Yes, Kirandeep,

Foreign employees working in India are also eligible for Maternity Benefits Acts if the company in which they are working has an establishment in India and is registered as per Indian government rules and regulations.

Thanks,
Anju

Hey, Thanks Mr. Khola and Anju for your feedback. Therefore, can we conclude that every woman employed in the company and on the rolls of the company is entitled to the benefits as per the Maternity Benefit Act. Righto?

Regards

Dear Mr. Kirandeep Kaur,

The Maternity Benefit Act is applicable to factories, mines, plantations, and establishments where persons are employed for the exhibition of equestrian acrobatics and other performances. The Act also applies to shops or establishments with ten or more employees. The Act grants the state government the authority to extend the Act's provisions to other establishments. However, if an establishment is covered by the ESI Act and the female employee is also covered by the ESI Act, then the Maternity Benefit Act does not apply to her. If a female employee covered by the ESI Act exceeds the maximum wage limit specified under the ESI Act, she will then be covered by the Maternity Benefit Act.

V. HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamil Nadu
Labour Law Consultant Chennai