I am a contractual employee working for 8 years in a PSU. From January, I took without pay leave for 2 months due to my complicated pregnancy. Even though my company is not covering my maternity benefits as it's covered by ESI. Anyways, my contract is ending in mid-July. Now my employer doesn't want to renew my contract as I am not able to serve my company for another 6 months due to maternity leave.
In this situation, what steps should I take to save my job?
From India, Kolkata
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1In this situation, what steps should I take to save my job?
From India, Kolkata
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Dear Amrita, I'm struggling to understand how you have been working on a contractual basis for eight years. If ESIC contributions are deducted from your salary, it indicates you are receiving regular pay, and you should claim permanency if you are working without a break. Additionally, the new amendment of the Maternity Benefit Act not only covers regular employees but also extends its coverage to contractual and consultant workers. If you are considered a regular employee, you are entitled to maternity benefits and job security.
Thus, have a discussion with your management, and if they do not agree, you have the option to approach the nearest labor office to resolve your issue.
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Thus, have a discussion with your management, and if they do not agree, you have the option to approach the nearest labor office to resolve your issue.
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My contract get renewed after one day break every year. I am eligible to get maternity benifit from ESI only if my contract is renewed this year.
From India, Kolkata
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From India, Kolkata
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Dear Mrs. Roy Amrita,
As confirmed by you, you have been employed on a contractual basis. Just check the validity of your service as per your latest contractual appointment letter. Termination will be as mentioned therein.
Since you have been covered under ESI, you have to approach ESIC for any benefits. You have stated that recently you were on leave for 2 months for which you must have received payment from ESI.
Please log in to the ESI IP Portal to check your eligibility for maternity benefits. Your contract expiring in July 2017 has nothing to do with your eligibility under ESI for maternity benefits.
As per your record from the past 8 years, you have been continuously contributing to ESI. Consequently, even though you will not be in service, you will still be eligible for maternity benefits subject to fulfilling conditions. Please check and revert instead of assuming.
From India, New Delhi
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As confirmed by you, you have been employed on a contractual basis. Just check the validity of your service as per your latest contractual appointment letter. Termination will be as mentioned therein.
Since you have been covered under ESI, you have to approach ESIC for any benefits. You have stated that recently you were on leave for 2 months for which you must have received payment from ESI.
Please log in to the ESI IP Portal to check your eligibility for maternity benefits. Your contract expiring in July 2017 has nothing to do with your eligibility under ESI for maternity benefits.
As per your record from the past 8 years, you have been continuously contributing to ESI. Consequently, even though you will not be in service, you will still be eligible for maternity benefits subject to fulfilling conditions. Please check and revert instead of assuming.
From India, New Delhi
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Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf