Hi My sister in law is working with a hospital on contract basis and is 7 months pregnant. Hospital is not renewing her contract, can anyone help me with the law on this one?
From India, Delhi
From India, Delhi
Dear Sharma, you have not mentioned whether Employee is covered under ESI? Please upload Contract Appointment Letter how can we help without knowing facts?
From India, New Delhi
606From India, New Delhi
Hospital is entitled not to renew contract after its expiry period. She will not be covered under ESI as the act is not applicable to hospitals in most states. If yes, she will get maternity benefit as per the provisions of the act.
From India, Mumbai
From India, Mumbai
Attaching contract for everyone's reference.
I understand hospital can terminate a contract but if the basis of termination is pregnancy do you think thats legal ? I thought we have laws to protect women from such discrimination.
Also m not sure what ESI is , can yoi throw more light.
Can someone also tell me if contractual employees are entitled to 26 weeks maternity leave ?
From India, Delhi
I understand hospital can terminate a contract but if the basis of termination is pregnancy do you think thats legal ? I thought we have laws to protect women from such discrimination.
Also m not sure what ESI is , can yoi throw more light.
Can someone also tell me if contractual employees are entitled to 26 weeks maternity leave ?
From India, Delhi
Dear Sharma,Duration of Contract is for 1 Year.please refer to Clause No 5-Ternination of Service, which is self explanatory.Please upload Payslip to determine ESI Applicability.Please let us know whether ESI Act is applicable to institution.
From India, New Delhi
From India, New Delhi
Hospitals in Kerala are covered under shops and commercial establishments Act. So ESI and EPF is applicable.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
if covered under ESI, Woman Employee can check her eligibility of Maternity benefit by logging to ESI Portal.Non renewal/Termination of contract will not be an issue for claiming MB provided she is eligible to MB
From India, New Delhi
From India, New Delhi
Hi
Act clearly says that the employee should be pregnant whether she is married or not. For maternity benefits we are asked to produce proof of pregnancy not source of pregnancy. If any employee get pregnant she will 100% eligible for all benefits under the act. Personal things never considered in the act.
Vijendra Sharma
9815119500
From India, Bangalore
Act clearly says that the employee should be pregnant whether she is married or not. For maternity benefits we are asked to produce proof of pregnancy not source of pregnancy. If any employee get pregnant she will 100% eligible for all benefits under the act. Personal things never considered in the act.
Vijendra Sharma
9815119500
From India, Bangalore
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf