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s_bhatt   28 May 2018

Maternity benefits act

Hi All, My wife is working in a Pvt Ltd firm having 11 members and out of which 2 are the directors. When she asked for her maternity benefits their CA refuse do so stating the reason there should be at least 10 permanent member's for that and directors of the company cannot be the part of it. Can any one please let us know is these correct and is there any way to get the maternity benefits from them. Thanks


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 8 Replies

Pradipta Nath (Advocate)     28 May 2018

The Maternity Benefit Act is applicable to an establishment where 10 or more persons were employed on the preceding 12 months.

But 10 permanent members or otherwise which has been communicated by the employer has no legal validity and hence subjected to challenge.

s_bhatt   31 May 2018

Thank Pradipta, Will directors of the company will be consider as employee also, if they are working as Full time

s_bhatt   31 May 2018

Thank Pradipta, Will directors of the company will be consider as employee also, if they are working as Full time

Pradipta Nath (Advocate)     31 May 2018

Full time or part time is no matter, if the Directors are also withdrawing salary, they will also be deemed as employee. Apart, please see whether she will be eligible for ESIC or not? then there is no need of Maternity Benefit Act!

Pradipta Nath (Advocate)     31 May 2018

Full time or part time is no matter, if the Directors are fulfilling the definition of Employee under the MB Act, they will also be deemed as employee. Apart, please see whether she will be eligible for ESIC or not? then there is no need of Maternity Benefit Act!

Pradipta Nath (Advocate)     31 May 2018

Full time or part time is no matter, if the Directors are fulfilling the definition of Employee under the MB Act, they will also be deemed as employee. Apart, please see whether she will be eligible for ESIC or not? then there is no need of Maternity Benefit Act!

Pradipta Nath (Advocate)     31 May 2018

Full time or part time is no matter, if the Directors are fulfilling the definition of Employee under the MB Act, they will also be deemed as employee. Apart, please see whether she will be eligible for ESIC or not? then there is no need of Maternity Benefit Act!

s_bhatt   01 June 2018

Thanks Pradipta, No ESIC, they were only having medical insurance but in that to maternity is also not included.

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