Maternity benefits act vs meps


For a teacher in a private school in Maharashtra, does the Maternity Benefits Act apply or does the Maharashtra Employees of Private Schools Rules apply?

More specifically, does the Maternity Benefits Act (1961) override the benefits specified by the MEPS sections 14(a) and 15?

 
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Advocate

Dear Friend, Please note that irrespective of the organizational structure Maternity Benefit Act is applicable to every establishment, provided that there must be 10 or more no. of employees employed.


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Thank you :)

My wife works with a renowned private school. She was paid only 3 months salary during her maternity leave and when asked the HR asked her to look at the private secondary school code.

We are considering challenging the schools position based on Sec 27 of the Maternity Benefits Act which should override any contradictory law/contract that specifies benefits that are less favourable to the woman than those awarded by the Maternity Benefits Act.

 
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Advocate

Definitely any code which is against the minimum prescribed welfare policy has to be condemned at any point of time. But please note that it is available with only the High Courts or Supreme Courts to declare any law as unconstitutional or invalid and not any inferior Court. 

 
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FIN

 
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