Dear member,
1. Section 5 of the Maternity Benefit Act, 1961 lays down that a woman employee is entitled for "payment of maternity benefit at the rate of the average daily wage" The term "average daily wages" has been explained in explanation of the said section as "the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months, immediately preceding......".
2. Further the term (wages" has been defined in section 2(n) of said Act as "all remunerations paid or payable in cash ......and includes(1) such cash allowances (including dearness allowance and house rent allowance)....., (2) incentive bonus, but does not include (i) any bonus other than incentive bonus, (ii) overtime earnings etc......."
3. In view of above, in my opinion, the employer is required to pay not only basic pay but also dearness allowance, house rent allowance etc., and other allowances, if any, applicable in your case.
4.Further for claiming such maternity benefit some procedure has been laid down in the said Act and on receipt of the notice from pregnant woman and on receipt of such proof, the employer is required to pay the maternity benefit "in advance" Section 6(5).
5. In order to have your rights and compliance of procedure under above Act, I will suggest you to please go through above Act and take action accordingly. The copy of Act as above, can be downloaded from the website of Ministry of Labour & Employment, Govt.of India or updated copy of the said Act can also be purchased from Law books shops in your city.
6. To my knowledge, there is no separate Act applicable on employees of IT sector.
From India, Noida
9231. Section 5 of the Maternity Benefit Act, 1961 lays down that a woman employee is entitled for "payment of maternity benefit at the rate of the average daily wage" The term "average daily wages" has been explained in explanation of the said section as "the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months, immediately preceding......".
2. Further the term (wages" has been defined in section 2(n) of said Act as "all remunerations paid or payable in cash ......and includes(1) such cash allowances (including dearness allowance and house rent allowance)....., (2) incentive bonus, but does not include (i) any bonus other than incentive bonus, (ii) overtime earnings etc......."
3. In view of above, in my opinion, the employer is required to pay not only basic pay but also dearness allowance, house rent allowance etc., and other allowances, if any, applicable in your case.
4.Further for claiming such maternity benefit some procedure has been laid down in the said Act and on receipt of the notice from pregnant woman and on receipt of such proof, the employer is required to pay the maternity benefit "in advance" Section 6(5).
5. In order to have your rights and compliance of procedure under above Act, I will suggest you to please go through above Act and take action accordingly. The copy of Act as above, can be downloaded from the website of Ministry of Labour & Employment, Govt.of India or updated copy of the said Act can also be purchased from Law books shops in your city.
6. To my knowledge, there is no separate Act applicable on employees of IT sector.
From India, Noida
Maternity Benefit Act is a women welfare legislation.
Though the employee is working on part time/ adhoc basis, you can
extend the Maternity Leave as per your establishment decision to the reasonable extent as possible.
From India, Hyderabad
Though the employee is working on part time/ adhoc basis, you can
extend the Maternity Leave as per your establishment decision to the reasonable extent as possible.
From India, Hyderabad
Hi,
I got below feedback from My Manager:
We are paying Maternity Benefit as per guidelines provided in the ACT, and it is not mandatory to go as per exactly what is started in the Act.
Where as company to Company the provisions of passing benefits are different. Hence we are passing the benefits as possible ways as we are in Pvt.Company.
Your second question – salary / wages means – the Basic + DA + HRA , and in our case DA is absent so we are paying the Maternity leave benefits on Basic + HRA and
Paying the Maternity benefits for 84 days salary.
Please let me know that PVt. Company can make own policy refereeing maternity benefit Act.
From India, Mumbai
I got below feedback from My Manager:
We are paying Maternity Benefit as per guidelines provided in the ACT, and it is not mandatory to go as per exactly what is started in the Act.
Where as company to Company the provisions of passing benefits are different. Hence we are passing the benefits as possible ways as we are in Pvt.Company.
Your second question – salary / wages means – the Basic + DA + HRA , and in our case DA is absent so we are paying the Maternity leave benefits on Basic + HRA and
Paying the Maternity benefits for 84 days salary.
Please let me know that PVt. Company can make own policy refereeing maternity benefit Act.
From India, Mumbai
Dear member,
1. From your remarks, the question further arises whether DA is not being paid to you as a component of salary/wages. Please examine this aspect.
2.I have already mentioned that the term "wages" also include dearness allowance as per provisions of above Act.
3. It is for you to claim the maternity benefit from the employer correctly as per provisions of said Act. In case employer pays you less, then you can make further enquiries on the correctness of payment of maternity benefit from the office of labour inspector or authority of your area created under above Act. To my knowledge, there are no separate special provisions in respect of IT sector or in respect of any similar type of industries/unit.
From India, Noida
1. From your remarks, the question further arises whether DA is not being paid to you as a component of salary/wages. Please examine this aspect.
2.I have already mentioned that the term "wages" also include dearness allowance as per provisions of above Act.
3. It is for you to claim the maternity benefit from the employer correctly as per provisions of said Act. In case employer pays you less, then you can make further enquiries on the correctness of payment of maternity benefit from the office of labour inspector or authority of your area created under above Act. To my knowledge, there are no separate special provisions in respect of IT sector or in respect of any similar type of industries/unit.
From India, Noida
as per maternity act 1961 (3) the money value of the concessional supply of foodgrains and other articles, what does meaning of other articles , and what benefits cover in this articles .
From India, Mumbai
From India, Mumbai
Other allowance is payable in maternity benefits ..please reply me on this my company saying its not payable as per maternity law
From India, Mumbai
From India, Mumbai
Dear member,
1. I think, you must have examined section 3(n) - definition of 'wages' as laid down in The maternity benefit Act, 1961. I am not aware about the components of the wages as used in wages system adopted in your establishment. It is for you to claim the benefit correctly from your employer.
2. In case, however, you feel that the employer have not made the payment correctly, you can file an application with the appropriate labour department authorities of your area.
From India, Noida
1. I think, you must have examined section 3(n) - definition of 'wages' as laid down in The maternity benefit Act, 1961. I am not aware about the components of the wages as used in wages system adopted in your establishment. It is for you to claim the benefit correctly from your employer.
2. In case, however, you feel that the employer have not made the payment correctly, you can file an application with the appropriate labour department authorities of your area.
From India, Noida
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Flexi Benefits Plan.doc