Dear all
Greetings!!!
I am woking as an HR advisor in an MNC in chandigarh. We are in process of drafting and impletmanting policies. And my job is to work on Labour Laws. Since at this point I am working on Maternity Leave Policy. My question is:
The foriegner/expat female employees working in India on Employment Visa , are they also eligible for the Maternity Benefits ad per Maternity Benefit Act 1961?
Awaiting your valuable comments.
Thanks
Kirandeep Kaur
From India, Chandigarh
Greetings!!!
I am woking as an HR advisor in an MNC in chandigarh. We are in process of drafting and impletmanting policies. And my job is to work on Labour Laws. Since at this point I am working on Maternity Leave Policy. My question is:
The foriegner/expat female employees working in India on Employment Visa , are they also eligible for the Maternity Benefits ad per Maternity Benefit Act 1961?
Awaiting your valuable comments.
Thanks
Kirandeep Kaur
From India, Chandigarh
Dear Kiran Deep,
In my opinion she will also be entitle to receive maternity benefit as provided under the Maternity Benefit Act as according to the definition of 'woman' means a woman employed whether directly or through any agency for wages in any establishment. Thus the definition does not restrict the employment of any specific place. Moreover we have not framed any specific labour laws for the employees of other countries.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
363In my opinion she will also be entitle to receive maternity benefit as provided under the Maternity Benefit Act as according to the definition of 'woman' means a woman employed whether directly or through any agency for wages in any establishment. Thus the definition does not restrict the employment of any specific place. Moreover we have not framed any specific labour laws for the employees of other countries.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
Yes Kirandeep,
foreign employees working in India are also eligible for Maternity benifts Acts, if the company in which they are working has establishment in India & registered as per indian governement rules & regulations.
Thanks,
Anju
From India, Gurgaon
foreign employees working in India are also eligible for Maternity benifts Acts, if the company in which they are working has establishment in India & registered as per indian governement rules & regulations.
Thanks,
Anju
From India, Gurgaon
Hey Thanks Mr Khola and Anju for your feedback.
therefore , can we conclude that every woman employed the in the company and on the rolls of the company, is entited for the benefits as per maternity Benefit Act. Righto?
Regards
From India, Chandigarh
therefore , can we conclude that every woman employed the in the company and on the rolls of the company, is entited for the benefits as per maternity Benefit Act. Righto?
Regards
From India, Chandigarh
Dear Mr.Kirandeepkaur
The Maternity Benefit Act is applicable to factories, mines, plantations and to establishments wherein persons are employed for the exhibition of equestrian acrobatic and other performances. The Act applies also to shops or establishments in which ten or more persons are employed. The Act gives the power to the Government of the State to apply the provisions of the Act to other establishments also. However, if the establishment is covered by the provisions of the ESI Act and the individual woman employee is also covered by the provisions of the ESI Act then the Maternity Benefit Act will not apply to her. If the woman employee to whom the ESI Act is applicable subsequetly goes out of the purview of the ESI Act as a result of her drawing more wages than the maximum limit specified under the ESI Act for its appliability, then she will be covered by the provisions of the Maternity Benefit Act.
V.HARIKRISHNAN
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Labour Law Consultant Chennai
From India, Madras
The Maternity Benefit Act is applicable to factories, mines, plantations and to establishments wherein persons are employed for the exhibition of equestrian acrobatic and other performances. The Act applies also to shops or establishments in which ten or more persons are employed. The Act gives the power to the Government of the State to apply the provisions of the Act to other establishments also. However, if the establishment is covered by the provisions of the ESI Act and the individual woman employee is also covered by the provisions of the ESI Act then the Maternity Benefit Act will not apply to her. If the woman employee to whom the ESI Act is applicable subsequetly goes out of the purview of the ESI Act as a result of her drawing more wages than the maximum limit specified under the ESI Act for its appliability, then she will be covered by the provisions of the Maternity Benefit Act.
V.HARIKRISHNAN
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Labour Law Consultant Chennai
From India, Madras
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc