Maternity Benefits For Fixed Term Contract Employee [Thread 515536]

Hi,

I work with an MNC in Delhi as a fixed-term hire employee. My one-year contract ended on 21/11/2014, which was a Friday, and I was given a new contract starting 24/11/14, Monday. Now, because of the weekend in between the two contracts, I am being denied maternity benefits. My expected date of delivery is 29/01/15, and I have been informed that I am not eligible for maternity benefits as I would not have completed the required 80 working days by then. However, I had already been working for a year before this under the old contract, which is apparently not valid only because of the weekend. Is there any way out of this?

I was informed of all this AFTER I signed the new contract.

The initial contract and the second contract have to be gone through to take a view on the matter. Secondly, what is the law that is applicable to the MNC referred to by you? Is it the Factories Act, the Motor Transport Workers Act, the Plantation Labour Act, or the Shops and Establishments Act? If it is the Shops and Establishments Act, in which State or Union Territory is this MNC located? This information is also necessary.

With regards,
V. HARIKRISHNAN

Dear Malathikhawas,

According to me, if the Fixed-Term Contract leads to depriving certain benefits to employees, then it is unfair, and one has to seek judicial intervention to declare such practices illegal.