My wife is 5months pregnant and she has been working for past two years in a Reputed CA Private company in Gurgaon. She has been working in Indirect taxation department, which is now being closed by the Company. My wife asked for internal movement to Internal audit department as the Company is still in force and she has required experience for that. But the company is asking her to resign and its crystal clear that they dont want to give her maternity benefits. I would like to know do we have any options available to protect her job and avail maternity benefits in the same company.
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he Maternity Benefit Act protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons.
2)your wife is entitled to avail the benefit of six-month maternity leave
3) she should refuse to resign
After enactment of the stringent law on prevention of sexual harassment of women at workplace in 2013, the Indian government has now given female employees another reason to rejoice. With this development, maternity leave to be offered by private employers in India has been brought at par with that of government employees in India. It is significant to note that India now surpasses many European and Asian countries in terms of maternity benefits being provided to working mothers.
Following enactment of the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them.
So ask your wife not to resign at all.If the company forced tor esing her lodged complaint with the government authority.
I hope the company ahs at least 50 employees without which your wife is not entitled to such benefit.
Approach the office of the concerned Labour Commissioner. Lodge a Complaint.
The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons.
The provisions of The Maternity Benefit (Amendment) Act, 2017 is effective from April 01, 2017.
As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 90 days in the past 12 months. Payment during the leave period is based on the average daily wage for the period of actual absence.
The employer cannot ask or force her to resign the job just because he has closed a department or an establishment, if she is a confirmed employee, he has to provide an alternate employment under his company.
If he terminates her employment without any valid reason, she may approach either labor court or file a writ petition against the employer.
