Is My Wife Entitled to Maternity Benefits in a Small Company with Less Than 10 Employees?

Hello everyone, my wife has been working in a private limited (pvt ltd) company registered in Mumbai but with an office in Haryana, which has less than 10 employees. She has been with the company for over 5 years. Is she entitled to maternity benefits? She is one month pregnant but has not disclosed this to her employer. The employer has been pressuring her to resign and causing her trouble.

Maternity Benefits and Employment Contract

The employment contract does not mention maternity benefits, and there is no employment handbook available. If we include directors (who do not receive remuneration or sitting fees), there are a total of 10 people in the company.

I would greatly appreciate your advice on her entitlement.

If it's a factory, there is no such condition. If it's a shop or establishment, the Maternity Benefit Act may not be applicable.

MOHAN KUMAR
mohan.kumar551@gmail.com

"As per the Government of India, the Maternity Benefit Act is applicable to all companies from 1 April 2017. It is an Act mandated by the law, and companies need to adhere to the rules set forth.

Applicability of the Act

The applicability of the Act includes:
- Mines, factories, plantations, shops, and commercial establishments.
- Any woman employed, whether directly or through any agency, for wages in any establishment.

It is advisable to contact your employer to ensure compliance with the government's regulations. Additionally, you can refer to the article at https://www.stacowiki.in/en/acts/st-...efit-act-1961/"