Hi, I am working in a us based registered company , company is not registered in India but have office in Noida with more than 50 employees working ,
currently they dont have any policy for maternity leaves and now they come up with the policy which is having eligibility criteria same as ACT of india but they are saying they will hold the salary of 3 months during this period and will give once i join back and that too in instalments till first b'day of child and based on the performance of mine , also the salary they will be paying during leaves will be very less than what i am getting currently . Want to know how the law is applicable to companies not registered in India and can a company hold salary like this. Please help
From India
currently they dont have any policy for maternity leaves and now they come up with the policy which is having eligibility criteria same as ACT of india but they are saying they will hold the salary of 3 months during this period and will give once i join back and that too in instalments till first b'day of child and based on the performance of mine , also the salary they will be paying during leaves will be very less than what i am getting currently . Want to know how the law is applicable to companies not registered in India and can a company hold salary like this. Please help
From India
It is not the place of registration but the place where the company is located which will decide whether an Act is applicable to a company. If working in India, certainly, the company cannot say that law of India are not applicable to it. All labour laws are applicable to your establishment subject to the number of employees employed. Since you have more than ten employees in your establishment you should get maternity benefits. At present it is paid leave for 26 weeks and a medical bonus of Rs 3500 (one time payment if pre natal or post natal care is not given by the company) The company cannot deny it.
From India, Kannur
4250From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc