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Vinod Kumar   26 May 2021

Maternity for contract employee

hi sir,
my wife contract employee of 6 months. in offer letter metioned female employee are eligible for maternity leave as per act.
now her company agreed to pay maternity benefit only contract period remaining period which is 2.5 months.

Reason they are mentioned she have not inform them 8 weeks before and client where they have deployed not ready pay.

can you please suggest.

Date of joining 15123020
Date of ML 01042021
contact period is 6 months

Thank you


Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

Since you are a fixed-term employee and your present term of tenure comes to an end shortly, your employer still can terminate you on the date of expiry of the contract as per its terms and refuse to pay maternity benefit beyond that date on the plea of non-renewal of the contract.

In your case, the current lease of your contractual service ends shortly and it is well within the discretion of your employer to extend it as usual or not 

Sec.6 of the Maternity Benefit Act,1961. Sec.6(2) of the Act says that a pregnant woman can state in the notice mentioned in 6(1) the date from which she would be absent from work not earlier than 6 weeks from the date of her expected delivery.So to say, you issue a notice u/s 6(1) and mention in that you would be going on maternity leave from the date that is reckoned, let them give a reply in writing, after which you can plan legal action as envisaged in law.

A word of caution. Sec 12(1) of the MB Act,1961 restricts the power of the employer to dismiss or discharge a woman while she is on maternity leave. 

Vinod Kumar   08 June 2021

Thanks sir. as per latest email. they denied to pay 6 months. can you suggest what can be done

Ritesh Maity (Labour Law Advocate)     09 June 2021

You are required to demand in writing the 6 months outstanding salary first. 

Vinod Kumar   11 June 2021

I have asked them but they are not paying

Ritesh Maity (Labour Law Advocate)     11 June 2021

Since the company has refused to pay, you can send a legal notice. Consult a prudent lawyer with all relevant documents and ask him to draft the legal notice for you. 

Vinod Kumar   11 June 2021

can you please suggest lawer if you know any one in Bangalore

Ritesh Maity (Labour Law Advocate)     11 June 2021

PM me for details. 

Vinod Kumar   11 June 2021

fine sir. can you please share your contact details

Ritesh Maity (Labour Law Advocate)     11 June 2021

ritesh (dot) k (dot) maity (at the rate) gmail (dot) com

 

Vinod Kumar   15 June 2021

hi all. they have agreed to pay 6 months. just I wrote that if you are not paying 6 months I will proceed legally. immediately they have agreed.

thank you all for your support.

Really corporates also not following act properly this world be disappointed.

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