I am working as a contract employee with an MNC. It is a remote job from India. However, I have received a contract mentioning the Singapore office address. I applied for maternity leave, but my employer denied it over a call, saying, "You are not eligible for maternity paid leave as your contract agreement was released from Singapore registration." Please advise if I am still eligible for maternity benefits as per Indian law, since I am paying taxes to the Indian government and also following the Indian holiday calendar.
From India, Bengaluru
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From India, Bengaluru
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If you are working in India, you will be covered by the laws of India. As such, if you have worked for 80 days in the 12 months preceding the expected date of delivery, you should get maternity leave of 26 weeks with pay. Even if the contract of employment (the fixed-term contract for which you were appointed) comes to an end during this period, you should be given 26 weeks' leave with pay.
From India, Kannur
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4526From India, Kannur
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Hi Madhu, thank you for your response. My employer is not replying over email but is saying over the phone that I am an independent contractor and the offer letter was released from Singapore, making me ineligible. In this case, what should I do? Despite the fact that they also have a presence in India and my working hours are fixed from 9 am to 6 pm SGT, they still classify me as an independent contractor. Additionally, I am restricted from working with other organizations during my contract with them.
From India, Bengaluru
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From India, Bengaluru
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Maternity Benefits Act, 1961 Applicability
Do you have an office in India? Even in a work-from-home arrangement, what will be the total number of employees in India? If the total number of employees is equal to or more than ten, then the Maternity Benefits Act, 1961 will be applicable to your establishment. A woman employee who has put in at least 80 days' service in a period of 12 months immediately preceding the expected date of delivery should be given 26 weeks' leave with salary.
Employee vs. Independent Contractor
An independent contractor is not an employee, but it is not the designation that decides whether an individual is an employee or a contractor. A person working exclusively for an employer, following the working hours, leave rules, and other protocols framed by the employer, is an employee who should be given all benefits offered by the statute. Maternity Benefit is a statutory benefit and the same cannot be refused to an employee in India.
Location of Employment
It is immaterial where the employer is situated, but what is important is where the employee is working. As mentioned above, if the employer has at least ten employees working in India, the establishment in India would come under the scope of the Maternity Benefits Act, 1961.
Notice of Pregnancy
If the conditions mentioned above are satisfied, you may send a notice of pregnancy attaching the medical report mentioning the expected date of delivery. If the same is rejected, there are law enforcement officers to take care of it. Online facilities are also available in various states' labour departments.
From India, Kannur
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Do you have an office in India? Even in a work-from-home arrangement, what will be the total number of employees in India? If the total number of employees is equal to or more than ten, then the Maternity Benefits Act, 1961 will be applicable to your establishment. A woman employee who has put in at least 80 days' service in a period of 12 months immediately preceding the expected date of delivery should be given 26 weeks' leave with salary.
Employee vs. Independent Contractor
An independent contractor is not an employee, but it is not the designation that decides whether an individual is an employee or a contractor. A person working exclusively for an employer, following the working hours, leave rules, and other protocols framed by the employer, is an employee who should be given all benefits offered by the statute. Maternity Benefit is a statutory benefit and the same cannot be refused to an employee in India.
Location of Employment
It is immaterial where the employer is situated, but what is important is where the employee is working. As mentioned above, if the employer has at least ten employees working in India, the establishment in India would come under the scope of the Maternity Benefits Act, 1961.
Notice of Pregnancy
If the conditions mentioned above are satisfied, you may send a notice of pregnancy attaching the medical report mentioning the expected date of delivery. If the same is rejected, there are law enforcement officers to take care of it. Online facilities are also available in various states' labour departments.
From India, Kannur
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As you mentioned, their existence is in India, and your working hours are also fixed from 9 am to 6 pm SGT. Naturally, you are an Indian citizen. I am writing here about what I read in an article written by an advocate regarding the refusal of maternity benefits:
"Refusing to sanction maternity benefits is against the rights as laid down under Articles 14, 15(3), 16, 19(1)(g), and 42 of the Constitution of India. The intent of the legislature could not have been to limit or restrict the extent and scope of reliefs that may be granted to all those falling within the ambit of the Act. Admittedly, the respondent has been extending benefits arising out of the Maternity Benefit Act to its permanent/regular employees. Denying such benefits to contractual employees is not justified. The law is settled in this regard that the nature of employment should not determine whether a woman employee would be entitled to maternity benefits."
But the main question is, what if your employer is not ready to obey this rule?
From India, Indore
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"Refusing to sanction maternity benefits is against the rights as laid down under Articles 14, 15(3), 16, 19(1)(g), and 42 of the Constitution of India. The intent of the legislature could not have been to limit or restrict the extent and scope of reliefs that may be granted to all those falling within the ambit of the Act. Admittedly, the respondent has been extending benefits arising out of the Maternity Benefit Act to its permanent/regular employees. Denying such benefits to contractual employees is not justified. The law is settled in this regard that the nature of employment should not determine whether a woman employee would be entitled to maternity benefits."
But the main question is, what if your employer is not ready to obey this rule?
From India, Indore
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I would like to share that this matter got resolved. It wasn't easy as the company denied it by saying that the offer letter is from Singapore and you are in India. Though it was a lame excuse, I reached out to the National Commission for Women, the Centralized Public Grievance Redress and Monitoring System, and raised an RTI Query.
I received responses from everywhere, and the first one was from NCW. Within a day, the matter got resolved, and the company agreed to paid maternity leave.
I would like to thank Madhu and Ashok for their valuable inputs.
The RTI Response also states, "The Act is applicable to all women employees who are employed in any capacity directly or through any agency, i.e., either on a contractual basis or as a consultant."
From India, Bengaluru
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I received responses from everywhere, and the first one was from NCW. Within a day, the matter got resolved, and the company agreed to paid maternity leave.
I would like to thank Madhu and Ashok for their valuable inputs.
The RTI Response also states, "The Act is applicable to all women employees who are employed in any capacity directly or through any agency, i.e., either on a contractual basis or as a consultant."
From India, Bengaluru
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Maternity law amendement.pdf
Right to payment of maternity benefits.doc