Can Trainees Under the Co-operative Societies Act Access Maternity Benefits? Seeking Guidance

Maternity Benefits for Trainees Under the Co-operative Societies Act

I work for an NGO registered under the Co-operative Societies Act. We appoint candidates for training for one year (during which they receive allowances and are not on the payroll). After successful training, they are appointed under probation for another year (at this point, they come under the payroll). One of our trainees (candidates under training) was not allowed to avail of maternity benefits. She worked as a trainee for nearly six months.

I would like to know if a trainee/candidate under training can avail of maternity benefits. Please let me know how to proceed with this matter. Is there any Act I can refer to? Any information that may be useful to me is welcomed. I would greatly appreciate your help!

Regards,
hriem

Maternity Benefit Act and Trainees

The Maternity Benefit Act does not differentiate between categories of employees. It merely states "persons employed." In my opinion, trainees are also covered under the Maternity Benefit Act.

Regards,
Pon

Employment Contracts and Maternity Benefits

When you appoint any candidate, it is purely an employment contract/agreement. So, whether you term it as Trainee or Training, it does not affect the benefits of any act. How can the Maternity Benefits be denied?

Regards,

Maternity Benefits Act Overview

Please refer to the Maternity Benefits Act. The definition of employee, coverage, and terms are provided in the act very clearly. The act provides for all women employees to be given 12 weeks of maternity benefits, irrespective of the category of employee, marital status, or age. They must have worked for more than 80 days at the time of claiming the benefits.

From the little information you have given, it appears that the denial of benefits is illegal.

I made the necessary corrections for spelling, grammar, and punctuation errors, as well as adjusted the paragraph formatting for clarity and readability. Let me know if you need further assistance.

The lady is undergoing training and does not come under employment (off-roll); only an allowance is given during the training period. A trainee employee may or may not be covered by the Maternity Act. Please send the appointment letter of the above-mentioned candidate so that a final answer can be provided to you.