Dear all:
I understand that according to the Maternity Leave Act retaining the salary is illegal (please correct me if wrong) but is it possible for the company to make this retention of Sal as a company policy and start partly deducting before the employee goes on leave and also asking the women employee to give a written commitment of working with the company for a minimum of one year.
Please enlighten.
Thank you,
kappu
From India, Pune
4I understand that according to the Maternity Leave Act retaining the salary is illegal (please correct me if wrong) but is it possible for the company to make this retention of Sal as a company policy and start partly deducting before the employee goes on leave and also asking the women employee to give a written commitment of working with the company for a minimum of one year.
Please enlighten.
Thank you,
kappu
From India, Pune
Dear Mr.KVE
Whatever be the Company's policy, that policy cannot be contrary to law which is in force. The policy as contained in your last post is contrary to the MB Act and is illegal.
With regards
From India, Madras
Whatever be the Company's policy, that policy cannot be contrary to law which is in force. The policy as contained in your last post is contrary to the MB Act and is illegal.
With regards
From India, Madras
Dear Mr. V. Harikrishnan,
Thank you so much for enlightening me and taking the time out to respond. I highly appreciate your help. :-D
One more thing I wish to know is that can the employer take a wriiten commitment from the women employee going on matermity leave to continue services with the company for a minimum of one year for 3 months of maternity leave.
Please advice.
With much thanks again,
Regards,
kappu
From India, Pune
Thank you so much for enlightening me and taking the time out to respond. I highly appreciate your help. :-D
One more thing I wish to know is that can the employer take a wriiten commitment from the women employee going on matermity leave to continue services with the company for a minimum of one year for 3 months of maternity leave.
Please advice.
With much thanks again,
Regards,
kappu
From India, Pune
Dear KVE, Officially company cannot take any such written commitment from you. regards, Kamal
From India, Pune
From India, Pune
Dear Sir,
I have a question , let me ask with an example , since we are planning to frame such policy wherein we can take a bond from employee before goign on leave, following is the case, please comment whether its with legal frames considering the defination of wages & calculation of the benefit amount as mentioned in the act:
1.Salary of an emoplyee is around 50000/month (basic+hra+conveyance+education allowance+medical allowance+others)
2. We deduct 50000/- in 3 installments stating that it would be paid back once the bond period is completed (period could be a year after joinign back frm M.leaves)
3. So 16k deducted everymonth & inhand goes around 32000/month prior going on maternity leave.
4. Once she goes on leave she gets her salary as usual.
Please advice whether this falls whithin the act
regards
From China
I have a question , let me ask with an example , since we are planning to frame such policy wherein we can take a bond from employee before goign on leave, following is the case, please comment whether its with legal frames considering the defination of wages & calculation of the benefit amount as mentioned in the act:
1.Salary of an emoplyee is around 50000/month (basic+hra+conveyance+education allowance+medical allowance+others)
2. We deduct 50000/- in 3 installments stating that it would be paid back once the bond period is completed (period could be a year after joinign back frm M.leaves)
3. So 16k deducted everymonth & inhand goes around 32000/month prior going on maternity leave.
4. Once she goes on leave she gets her salary as usual.
Please advice whether this falls whithin the act
regards
From China
Ms. Pratibha,
From India, Pune
- I think provisions of Maternity Benefit Act are applicable to all female employees and rightly only condition applicable is employee has to be female and pregnant.
- You are trying to give Maternity Benefit by attaching many terms and conditions by way of Bond, Deductions in Salary, Holding of Salary etc. What you are doing or proposing is against the provisions of law and it is absolutely illegal.
- Pregnancy & childbirth is a natural phenomenon and it is a part of everybody's life. How you can think of practices and policies which are against basic human rights. I am more surprised and shocked when such suggestions are coming from females.
From India, Pune
Ms. Pratibha,
From India, Pune
- I assume you must be allowing some break in work to have lunch. You may even have canteen or cafeteria. Living creatures can not survive without food and unless they are allowed to take food they will not work. Rather most of us work to earn food.
- Similarly you can not think of this world void of mothers, pregnancy and childbirth. Pregnancy & Childbirth is a process which needs time and special care and it can not happen in office or factory like daily lunch break. You have to treat it specially and should offer break from work with salary unconditionally.
- Only possible way to avoid Maternity Benefits is to provide all maternity care, nursing, child care and doctors in office / factory itself. May be you can start a Maternity & Nursing Ward in your office / factory.
From India, Pune
Hi Kuppu,
Govt has made a policy about this and any establishment in this country should adhere to these policies. No violation is accepted on this. Taking bond will not hold good in such cases. No body can know what would be the condition of a woman after she delivers. She may be able to contnue to work or may not ba able. Hence until she is under maternity leave, she is eligible for wages and deduction should not be made on this.
Hence written commitment is not required. Separate board is there and inspectors aer there. You can appraoch them for any help or guidance.
Regards
Raghav
From India, Bangalore
Govt has made a policy about this and any establishment in this country should adhere to these policies. No violation is accepted on this. Taking bond will not hold good in such cases. No body can know what would be the condition of a woman after she delivers. She may be able to contnue to work or may not ba able. Hence until she is under maternity leave, she is eligible for wages and deduction should not be made on this.
Hence written commitment is not required. Separate board is there and inspectors aer there. You can appraoch them for any help or guidance.
Regards
Raghav
From India, Bangalore
Dear Ms.Prathibah
The policy as stated by you in your post is patently illegal. Only the affected employee could challenge this deduction. In all probability she will not challenge it for fear of losing the job. That may be the reason for the continuance of the policy. If the affected employee decides to leave your company immediately after availing the maternity leave, probably, she may challenge the deduction and then the Company will face legal problems.
With regards
From India, Madras
The policy as stated by you in your post is patently illegal. Only the affected employee could challenge this deduction. In all probability she will not challenge it for fear of losing the job. That may be the reason for the continuance of the policy. If the affected employee decides to leave your company immediately after availing the maternity leave, probably, she may challenge the deduction and then the Company will face legal problems.
With regards
From India, Madras
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Maternity Benefit is not Salary.docx
Creche under Maternity Benefit Act.pdf