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I have been working in a central government organization since March 2011. I am not a permanent employee but am outsourced through a company. There are 12 physicians, including myself, working here on a contract basis, outsourced from a private concern. I am currently pregnant. The authorities have informed me that the procedures for maternity benefits do not apply to outsourced contract employees as we are not directly related to the institution where we work. They advised me to contact the company that pays our salaries. Upon reaching out to them, they mentioned that they would provide maternity leave with benefits if the director of the central government institution where I work issues a sanction letter.

I am unsure about my eligibility for claiming these benefits. My institution is the National Institute of Naturopathy in Pune, and the outsourced company is Sigma HR Solutions in Pune. I am deeply upset by this situation, especially considering that maternity benefits are provided elsewhere in India. Could you please guide me on what steps I should take next?

Thank you for your assistance.

From India, Pune
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Maternity Benefit Act Applicability

The Maternity Benefit Act is applicable to every woman, even if employed through an outside agency. Thus, you are entitled to the maternity benefit since you have been working since March 2011.

Regards,
B. Saikumar
Mumbai

From India, Mumbai
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Maternity Benefits Responsibility

Since your employer is Sigma HR Solutions and not the National Institute of Naturopathy, Sigma should provide you with maternity benefits. Whether Sigma (contractor) can shift its liability to the National Institute (Principal Employer) is their concern, and you have nothing to do with it. Therefore, you may claim the benefits from Sigma, from whom you receive a salary for the work done by you for the National Institute.

Regards,
Madhu.T.K

From India, Kannur
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