Complaints against Employer

Last updated on Jun 22, 2022

If your employer has withheld any payment or maternity benefit from you or has dismissed you on account of your maternity leave, then you can approach the following authorities:

Inspector

You can approach the inspector to make a complaint. The inspector may make an inquiry on his own or after receiving a complaint, and pass orders based on the case. 1 Commonly, the inspectors appointed under this law are labour regional commissioners. To know which officers have been designated as inspectors, click here.

You can appeal the decision of the inspector to the Labour Court. You should file the appeal within 30 days from the date on which the decision is communicated to you. 2 However, if you do not file an appeal then the decision of the inspector is final. 3 You can request the advice of a lawyer for the same.

National and State Commissions for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

  1. Section 17(1) and Section 17(2), The Maternity Benefit Act, 1961.[]
  2. Section 17(3), The Maternity Benefit Act, 1961.[]
  3. Section 17(4), The Maternity Benefit Act, 1961.[]

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Related Resources

How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. Give your employer a written notice of the same.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Workplaces with Maternity Benefits

Maternity Benefits under law are applicable to almost all government and private establishments and offices.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy.

Salary during Maternity Leave

Employers have to pay women 'maternity benefit' for the period during which they are absent from work as a result of their pregnancy.