Hello Sir, I am Komal Jaiswal from Navi Mumbai. I am working as Assistant teacher in Navi Mumbai School on a Contract period (1st Contract from Apr, 18 to Apr, 19 and 2nd Contract from Apr, 19 to Mar, 20). I went on Maternity Leave from 3rd Jan, 2020 and since, then school has not paid me any amount for my Maternity Leave. I sent multiple emails and made calls for salary but did not get a response. Hence, I filed a complaint in the Labour office in Navi Mumbai, Thane.
Now, we met yesterday in front of the Labour officer and school advocate they are referring below points -
> As per Maternity Benefit Act 1961 employee is eligible if working in establishment and they are saying School is not an establishment as it is not clearly mentioned in Act 1961 and also giving reference of Maharashtra Shops and Establishments Act 2017.
> As per Maharashtra Employees of private school rules 1981, Leave is to be paid only (Half Pay) for 90 days.
Need Help to prove that -
- School also fall under Establishment
- Maternity Benefit Act 1961 is superseding Maharashtra Employees of private school rules 1981
- Any other reference to prove this.
Now, we met yesterday in front of the Labour officer and school advocate they are referring below points -
> As per Maternity Benefit Act 1961 employee is eligible if working in establishment and they are saying School is not an establishment as it is not clearly mentioned in Act 1961 and also giving reference of Maharashtra Shops and Establishments Act 2017.
> As per Maharashtra Employees of private school rules 1981, Leave is to be paid only (Half Pay) for 90 days.
Need Help to prove that -
- School also fall under Establishment
- Maternity Benefit Act 1961 is superseding Maharashtra Employees of private school rules 1981
- Any other reference to prove this.