Background Information
I have written a government exam and joined as an Assistant System Analyst in May 2017 in the government sector under a one-year contract basis. My pay scale company is a Mumbai-based consultancy service. PF was deducted from my salary, but there was no ESI.
Maternity Leave and Issues
I worked for 120 days and took maternity leave from September 2017. My rejoining was denied without reason after I raised maternity benefits. They denied maternity benefits, stating that I am an outsourced employee. Am I eligible for maternity benefits?
Current Situation and Seeking Advice
Now, I am working in a school. How can I claim my rights? Kindly give your precious suggestions for my rights.
From India, Vellore
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1I have written a government exam and joined as an Assistant System Analyst in May 2017 in the government sector under a one-year contract basis. My pay scale company is a Mumbai-based consultancy service. PF was deducted from my salary, but there was no ESI.
Maternity Leave and Issues
I worked for 120 days and took maternity leave from September 2017. My rejoining was denied without reason after I raised maternity benefits. They denied maternity benefits, stating that I am an outsourced employee. Am I eligible for maternity benefits?
Current Situation and Seeking Advice
Now, I am working in a school. How can I claim my rights? Kindly give your precious suggestions for my rights.
From India, Vellore
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Please visit the Labour Officer of the area and seek his advice. Denial of medical benefits is not in order.
https://www.citehr.com/528437-matern...-employee.html
Temporary, Ad Hoc And Contract Staff Also Entitled To Maternity Leave: CAT [Read Order] | Live Law
This thread will be helpful.
From India, Pune
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https://www.citehr.com/528437-matern...-employee.html
Temporary, Ad Hoc And Contract Staff Also Entitled To Maternity Leave: CAT [Read Order] | Live Law
This thread will be helpful.
From India, Pune
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Eligibility for Maternity Benefits for Outsourced Employees
You stated that your pay scale company is a Mumbai-based consultancy service and you are an outsourced employee. Hence, your maternity benefits have been denied even though you worked for 120 days.
At the outset, you are eligible for maternity benefits for the following reasons:
1. The definition of "woman" under Section 3(o) of the Maternity Benefit Act means a woman employed, whether directly or through any agency, for wages in any establishment.
In the case of Anuradha Arya vs. The Govt. Sr. Girls School & Others, Hon’ble Ms. Praveen Mahajan, Member (A) of the Central Administrative Tribunal Principal, passed the following order on 12.10.2017, holding that women employees engaged through an outsourced agency/contractor are eligible for maternity benefits:
Para 21 of the Order: In view of the discussions above, I am of the view that benefits of maternity leave with full salary cannot be denied to a female employee appointed on a contractual basis. This view finds support in various judgments of the Hon’ble Apex Court cited above. The applicant is entitled to maternity leave as per the provision of Section 5 of the Maternity Benefit Act, 1961. I, accordingly, allow this OA with the following direction to the respondents:
“The applicant may be allowed to resume service as a guest teacher in terms of her original engagement letter dated 07.07.2015. The respondents shall give the back wages to the applicant w.e.f. 01.12.2015 till the disposal of this application with all consequential benefits for the academic year 2015-2016.”
Para 22 of the Order: The above directions shall be implemented within a period of three months from the date of receipt of a certified copy of the order.
A copy of the order passed by CAT is attached herewith. Hope this may be helpful to you.
2. You have fulfilled the condition of minimum working days required for availing the maternity benefits.
Hopefully, your PF is deducted by your outsourcing agency. Since your service is engaged through an outsourcing agency (contractor), you have to apply to your immediate employer for availing the maternity benefits. In case he refuses to entertain your claim, you can directly approach your Principal Employer. It is the duty of the Principal Employer to ensure that the outsourced agency/contractor complies with the provisions of applicable labor laws.
Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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You stated that your pay scale company is a Mumbai-based consultancy service and you are an outsourced employee. Hence, your maternity benefits have been denied even though you worked for 120 days.
At the outset, you are eligible for maternity benefits for the following reasons:
1. The definition of "woman" under Section 3(o) of the Maternity Benefit Act means a woman employed, whether directly or through any agency, for wages in any establishment.
In the case of Anuradha Arya vs. The Govt. Sr. Girls School & Others, Hon’ble Ms. Praveen Mahajan, Member (A) of the Central Administrative Tribunal Principal, passed the following order on 12.10.2017, holding that women employees engaged through an outsourced agency/contractor are eligible for maternity benefits:
Para 21 of the Order: In view of the discussions above, I am of the view that benefits of maternity leave with full salary cannot be denied to a female employee appointed on a contractual basis. This view finds support in various judgments of the Hon’ble Apex Court cited above. The applicant is entitled to maternity leave as per the provision of Section 5 of the Maternity Benefit Act, 1961. I, accordingly, allow this OA with the following direction to the respondents:
“The applicant may be allowed to resume service as a guest teacher in terms of her original engagement letter dated 07.07.2015. The respondents shall give the back wages to the applicant w.e.f. 01.12.2015 till the disposal of this application with all consequential benefits for the academic year 2015-2016.”
Para 22 of the Order: The above directions shall be implemented within a period of three months from the date of receipt of a certified copy of the order.
A copy of the order passed by CAT is attached herewith. Hope this may be helpful to you.
2. You have fulfilled the condition of minimum working days required for availing the maternity benefits.
Hopefully, your PF is deducted by your outsourcing agency. Since your service is engaged through an outsourcing agency (contractor), you have to apply to your immediate employer for availing the maternity benefits. In case he refuses to entertain your claim, you can directly approach your Principal Employer. It is the duty of the Principal Employer to ensure that the outsourced agency/contractor complies with the provisions of applicable labor laws.
Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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Consultancy initially took steps to process my Maternity Benefit (MB). However, when the company approval was required, my company stopped the process. I asked for the reason, and they explained that as an outsourced employee, I am not eligible. The government does not provide any payment to the consultancy during maternity leave, so no one is responsible for facilitating my MB.
From India, Vellore
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From India, Vellore
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Forms for claiming maternity benefits and appeal.pdf
Employee Benefits.doc