Dear All, I want to understand that , when a female staff on Contract goes on Maternity leave, does her employer ( Contractor) suppose to pay her the Benefits under the Maternity Benefit Act, 1961? If yes then which section ?
Can the Principal employer refute to pay for the benefits (Salary) of the Contract employee deployed to work under him?
Thanks
Dinesh Sudhakar Jadhav
From India, Ulhasnagar
2Can the Principal employer refute to pay for the benefits (Salary) of the Contract employee deployed to work under him?
Thanks
Dinesh Sudhakar Jadhav
From India, Ulhasnagar
Hi Dinesh,
It's categorically stated that benefits of maternity leave with full salary cannot be denied to a female employee appointed on contractual basis and they are entitled to maternity leave as per provision of Section 5 of the maternity benefit Act,
Pl.see the relevant provisions -
3. Definitions. --
In this Act, unless the context otherwise requires, XXXXX
......(d) “employer” means –
(i)
in relation to an establishment which is under the control of the Government, a
person or authority appointed by the Government for the supervision and
control of employees or where no person or authority is so appointed, the
head of the department;
(ii)
in relation to an establishment which is under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
(iii)
in any other case, the person who are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are
entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
XXXXX
(o) “woman” means a woman employed, whether directly or through any agency, for
wages in any establishment.
XXX
5. Right to payment of maternity benefit. --
(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks XXimmediately following that day.
Explanation. –
For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: XXXXX
From India, Bangalore
It's categorically stated that benefits of maternity leave with full salary cannot be denied to a female employee appointed on contractual basis and they are entitled to maternity leave as per provision of Section 5 of the maternity benefit Act,
Pl.see the relevant provisions -
3. Definitions. --
In this Act, unless the context otherwise requires, XXXXX
......(d) “employer” means –
(i)
in relation to an establishment which is under the control of the Government, a
person or authority appointed by the Government for the supervision and
control of employees or where no person or authority is so appointed, the
head of the department;
(ii)
in relation to an establishment which is under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;
(iii)
in any other case, the person who are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are
entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;
XXXXX
(o) “woman” means a woman employed, whether directly or through any agency, for
wages in any establishment.
XXX
5. Right to payment of maternity benefit. --
(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks XXimmediately following that day.
Explanation. –
For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: XXXXX
From India, Bangalore
Dear Sir,
Thank you for the detailed explanation. I would like to understand one simple concept. Suppose, X is a contract worker who is deputed at Y ( Principal Employer) location. X goes on Maternity Leave for 6 months, who will bear the maternity cost? The employer of X or the Principal Employer Y.
Warm Regards,
Dinesh Sudhakar Jadhav
From India, Ulhasnagar
Thank you for the detailed explanation. I would like to understand one simple concept. Suppose, X is a contract worker who is deputed at Y ( Principal Employer) location. X goes on Maternity Leave for 6 months, who will bear the maternity cost? The employer of X or the Principal Employer Y.
Warm Regards,
Dinesh Sudhakar Jadhav
From India, Ulhasnagar
Employer of X and if he fails,then PE. PE is at liberty to recover it from contractor.
From India, Pune
From India, Pune
See the beauty of the Acts passed in the fiftees and sixtees. Had the word "through any agency" not been there, the new gen employers who feel that engaging employees through a contractor or manpower outsourcing is the final word for doing business peacefully would have utilised it for their business benefits. True, there are a lot of employers who deny it. But the intention of passing the Maternity Benefits Act was not to discriminate employees by denying the benefits to those who are not under the direct rolls but to see that all who work for the employer should be treated equally.
From India, Kannur
From India, Kannur
Dear Dinesh,
The payment under maternity benefit to be borne by the employer (pay master). In this case the Contractor is the employer and has to provide the benefit.
The payment by the Principal Employer does not exist but shall make payment by the direction of the authority when contractor fails to oblige.
From India, Mumbai
The payment under maternity benefit to be borne by the employer (pay master). In this case the Contractor is the employer and has to provide the benefit.
The payment by the Principal Employer does not exist but shall make payment by the direction of the authority when contractor fails to oblige.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc