The employer got my wife to sign a contract that stated maternity benefits only accrue after 1 year of working with the company. However, this is contradictory to the 80 days mentioned in the act.
While my wife is currently on unpaid leave from work, the two-month period to appeal to the labor inspector against this communication given by the employer has elapsed.
What remedy is available, if any, so that we may get maternity benefits?
From India, New Delhi
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While my wife is currently on unpaid leave from work, the two-month period to appeal to the labor inspector against this communication given by the employer has elapsed.
What remedy is available, if any, so that we may get maternity benefits?
From India, New Delhi
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80 days given in the Act as qualifying service for receiving maternity benefits is not without any condition. It is with the condition that it is 80 days in the 12 months preceding the expected date of delivery. Therefore, my interpretation is that to be eligible for maternity benefits, the employee should have worked for at least 80 days in the 12 months before the delivery date.
From India, Kannur
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4758From India, Kannur
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Yes. If the intention of the legislature was to entitle a woman employee for Maternity Benefit soon after working for 80 days under one employer, the words "in the twelve months immediately preceding the date of her expected delivery" were unnecessary.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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You can file a complaint with the Court and simultaneously with the nearest Labour Officer. An employer cannot restrict an individual through any illegal contract that goes against the existing laws of the state or country.
The eligibility for maternity benefits is the completion of 80 days of work after the start of employment.
From India, Mumbai
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The eligibility for maternity benefits is the completion of 80 days of work after the start of employment.
From India, Mumbai
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Mr. Brijesh,
I do not see the relevance of the '2-month time to report/appeal' part. The law applies, and contracting out your statutory rights isn't recognized by law. So, your wife is eligible and can claim the maternity benefit. She can appeal to the labor commissioner (authority under the Maternity Benefit Act) regardless of the contract she signed (as long as she was an employee, not an independent contractor).
From India, Mumbai
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I do not see the relevance of the '2-month time to report/appeal' part. The law applies, and contracting out your statutory rights isn't recognized by law. So, your wife is eligible and can claim the maternity benefit. She can appeal to the labor commissioner (authority under the Maternity Benefit Act) regardless of the contract she signed (as long as she was an employee, not an independent contractor).
From India, Mumbai
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Thank you to all for taking the time to reply to this thread. I was mistaken about the 2-month appeal period. The act states that you may complain to the labor commissioner, and if you are aggrieved about the award of the inspector, you may appeal within 2 months. So the question was wrongly worded by me. Sorry. The gist I get is that we are eligible, and section 27 of the act also states the same thing, that MB under the act will prevail notwithstanding any service contract. Appreciate all the replies, especially Saswata for precise advice. Thanks and regards.
From India, New Delhi
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From India, New Delhi
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc