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Maternity Benefits if employees is less than 10 persons in private limited company? - CiteHR

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vimcool.negi85@gmail.com
Dear sir i want to know that if employees is less than 10 persons in private limited company so women can get maternity leave or not
From India, Bhopal
Madhu.T.K
3891

The Act applies to every factory, plantation or mine without reference to the number of workers employed. On the other hand, if yours is a shop or commercial establishment within the meaning of your state's Shops and Commercial Establishments Act, then there should be at least 10 persons employed during the preceding 12 months. The constitution of the company like Proprietorship, Partnership, Private Limited or Public Limited company does not have any bearing on the application of any Labour Act.
Madhu.T.K

From India, Kannur
mkandukuri
12

Act doesnt mention about the no of employees in an organization. All it says is that a women working should complete 6 months tenure before being eligible for maternity benefits under law.
From India, Hyderabad
Madhu.T.K
3891

Please read section 2 (1) (b) of the Maternity Benefit Act. You may also share the section where it is mentioned that inorder to be eligible for maternity benefits, the woman employee should have worked for 6 months. In my understanding it is 80 days over of period of 12 months immediately preceding the expected date of delivery.
Madhu.T.K

From India, Kannur
vedalcm
3

Applicability of Act.
2. Application of Act.- 5*[(1) It applies, in the first instance,--
(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months.

From India, Madras
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