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matenity benifit for contractual employee


20-Sep-2023 (In Labour & Service Law)
Sir My wife working as an accountant in Delhi govt. Department through an outsourced agency ICSIL.She apply for maternity leaves in her department. Though she is not covered in ESI the department is not agree to provide her maternity benefits. They refused because they said you are outsourced employee & ICSIL is not provided in their agreement with us such type of Maternity benefits.They also said that we have to pay double salary between your leaves period if we hired somebody else in her place & after leaves it is also not confirm that she join again for this post in the same department.Please provide us proper guidance about this matter as soon as possible. waiting for your reply. Thanks & Regards Kashish Bansal
Answers (1)

Answer #1
699 votes
Hi will glad to help you. You can file a writ petition before the Hon'ble High Court under article 226 of the constitution of India making government and company as party and can claim maternity benefits.

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