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Have Income? Will be taxed!

Income Tax is a matter of interest both for citizens and NRIs – though the rules of taxation for both could vary. An NRI is a person who has an Indian passport and has temporarily migrated to another country for six months or more for employment, residence, education or any other purpose.

If an Indian citizen leaves the country for work abroad or as a crew on an Indian ship and spends less than 182 days in India in a year, he or she is considered non-resident for tax plans.

Taxability in India depends on if an individual suits the NRI status for each year.

Following are few regulations of income tax NRIs should acknowledge:

  1. An NRI has to pay tax on any income that accumulated in India or received in India. So salary received in India, rental income, interest income from fixed deposits or saving bank accounts and capital gains on assets sold in India are taxable. If the salary of an NRI is higher than the basic exemption limit for the year, he/she is subject to file return in India. Also, to claim tax refunds, or to carry forward losses to future years, NRIs have to file income tax return.
  2. If an NRI returns to India forever, his or her foreign income does not instantly become taxable in India. A person, who has stayed as a non-resident for nine consecutive years, continues RNOR (Resident but not Ordinarily Resident) for two years for tax plans, which is transitional status amid being an NRI and converting into an Indian citizen completely. Until a returning NRI becomes a resident in India, as per the Income Tax laws, which commonly takes about two years – any profit obtained outside India will not be assessed in India except it is from a business or profession managed from India. Once, he is a resident, his global income (which includes income outside India as well) gets taxed in India.
  3. The Budget stated that TDS (tax deducted at source) would not be subtracted at a higher rate if an NRI without PAN can provide alternative documents. Earlier the NRI had to pay the tax at the rate of 20 percent or the rate in force whatever is higher in case the NRI does not provide the PAN. According to the new provision, an NRI does not have to pay the higher tax if he does not provide PAN and instead provides the documents specified under the recently notified rules in this regard.
  4. If an NRI returns to India and becomes Ordinary Resident Indian for a particular year, then the person will have to reveal all the foreign income and assets in the income tax proceeds. There are harsh punishments as per the Undisclosed Foreign Income and Assets Bill 2015 for not doing so. Such income will not be assessed henceforth under the Income Tax Act but under the provisions of this new legislation on the unaccounted wealth.
  5. An NRI cannot open a Public Provident Fund (PPF) account. But if an individual has a PPF account already before becoming an NRI, he or she can continue to operate the account, but only till the period of its maturity. At maturity, the NRI would have the choice to absolve the returns in the home country and will not have the option of continuation after the necessary 15 years’ lock-in period. If after maturity the account is left unattended; it will be recognized as “extended without contribution.”
By | April 29th, 2017|Blog, Income Tax|0 Comments

Newsletter April

By | April 28th, 2017|Newsletter|0 Comments

Domestic Violence – It all begins with ‘love’, my lady!

For centuries women have been facing various issues and trying to get a hold of things around them so as to make their life easy. These problems may include lack of education opportunity, equality, personal identity, domestic violence, free will and much more. But the most common issue that a woman faces is Domestic Violence.

Domestic Violence is an aggressive or violent behaviour, deliberate intimidation, physical assault, sexual assault and/or battery within the home, involving the abuse of a spouse or partner. It is a way of showing power and control over the partner or spouse.

It mainly includes sexual, physical, psychological violence, and emotional abuse. The severity and the recurrence of the violence may vary, but the constant element of the domestic violence is consistency in the maintenance of power and control over the other person i.e. the controlling behaviour.

It is a very common practice in almost every community regardless of the gender, race, age, economic status, religion, sexual orientation or nationality. It often goes with emotionally abusive and controlling behaviour. It can often result in psychological trauma, physical injury, and in critical cases, even death.

To protect women from such an outbreak of violence the government of India has laid down some rules. The Protection of Women from Domestic Violence Act, 2005, states that any woman who alleges to have been subjected to the act of violence and has been in a domestic relationship with the other person (assailant.)

As per the Act, any action will be considered as domestic violence:

  • that causes harm, injury or endangers the safety, life, health or well-being of the aggrieved person whether mentally or physically or tend to do so. It can be sexual, physical, economic, emotional, and verbal abuse
  • that causes harm, injury or endangers the aggrieved person to coerce her or another person related to her to fulfil any unlawful demand for any property, dowry or marketable security
  • that can cause a life-threatening effect on the aggrieved person, or anyone related to her

Types of Abuse under the Act

Physical Abuse:

Any action that can cause bodily harm, pain, or danger to life, health or impair the development or health of the aggrieved person is physical abuse. It includes criminal force and intimidation, or assault.

Sexual Abuse:

Any conduct of sexual nature that humiliates, degrades, abuses, or violates the dignity of a woman is considered as sexual abuse.

Verbal and Emotional Abuse:

The repeated threats to cause pain to any individual in whom the aggrieved person is interested or insults, humiliation, ridicule, name calling especially for having a male child or any child is considered as Verbal and Emotional Abuse.

Economic Abuse:

  • Depriving the aggrieved person from all or any financial resource which the person is entitles to receive under any law or custom whether under court’s order or otherwise like stridhan or joint or separate property
  • The disposal of assets or household things whether movable or immovable in which the aggrieved person is interested, or entitled to use due to the domestic relationship or is required by her
  • The restriction on the access of the resources or the facilities that the aggrieved person is entitled to use or enjoy by way of domestic relationship

The above actions are considered as Economic Abuse.

Every lady has the right to live her life as per her own terms therefore, she should be aware of all the laws laid down to protect her as well as her interest she doesn’t have to be the victim of Domestic Violence.

By | April 28th, 2017|Blog, Domestic Violence|0 Comments

Be smart; get a Trademark for your business!

With changing market trends, there is increasing competitiveness in individuals as well as businesses. This growth has given rise to the requirement of the concept of ‘Trademark’.

Trademark is a phrase, word, design, or symbol which makes it easy to differentiate between the goods or services of one business from others/competitors.

To secure, the interests of businesses, individuals even the consumers, the government of India has laid down some rules and regulations under Trademark Amendment Act, 2013.

Requirements for filing a trademark application

  • Name, address, and citizenship of the applicant
  • Name of all the partners if the applicant is a partnership firm (specifically mention if a minor is a partner)
  • If the applicant is a company, state the name of the state or country of incorporation.
  • A list of goods and services for which the trademark is required.
  • Soft copy of the mark that has to be registered.
  • If the mark has been used in India then specify the date of the first use
  • Provide the translation of any Non-English word used in the mark.
  • Power of Attorney (POA) has to signed by the applicant and notarization, or legalization is not required.
  • Indians have to execute the POA on Rs.100 stamp paper and then sign it.
  • It is not necessary to submit POA at the time of filing of an application. It can be presented later, and no additional cost is charged.

Steps for Registration of a Trademark in India

The steps for registering of Trademark are as follows:

  • Application for the registration of marks is to be filed with Registrar of Trademark.
  • As per the place of the applicant’s business, the application has to be filed at the Branch Office or Head Office of the Trademark Registry Office. (The Trademark Registries in India are in Chennai, Delhi, Mumbai, Ahmedabad and Kolkata.)
  • After the filing, they digitalize and formally check the application.
  • Then the trademark to be registered is examined to check –
  • if it can be distinguished from others
  • if it can cause confusion in the minds of people because of the existence of similar mark in the market
  • if the registration of such mark has been prohibited by any law for the time being
  • All the applications for the registration of the trademark are examined at the head office of Trademark Registry in Mumbai.
  • The owner of the business can file the application either in his/her name or the name of the business.
  • The applicant should mention the class under which he/she wants his/her product to be defined.
  • The acceptance of application depends upon the decision of the registrar as well as the distinctiveness or evidence of use.
  • If the application is accepted the registrar publish it in the Trademark Journal (an official gazette employed by the Trademark Registry) that is hosted on the official website of the registry on a weekly basis.
  • One can appeal registrar’s decision with the Intellectual Property Appellate Board.
  • After acceptance, finally, the applicant has to pay appropriate fees for the registration of a trademark. Relevant Fees for –
  • everyone other than start-ups, individuals, and small enterprises are

Physical filing – Rs.10000

E-filing – Rs.9000

  • individuals, Start-ups, and small enterprises

Physical filing – Rs.5000

E-filing – Rs.4500

Trademark is a way of ensuring the security of one’s goods or services. It provides an identity to the products which helps the consumer to distinguish between various other commodities and protect it from the attempts of a competitor to create counterfeits.

By | April 26th, 2017|Blog, business|0 Comments

The Safety Net – National Pension Scheme for NRIs

The various appealing investment options that are available in India have made it a preferred investment centre for NRIs. With an increase in the prominence of India as a player in the world’s economy, the investment options for NRIs have increased. The prevailing belief that Indian businesses offer high profits with minimal efforts has increased the willingness of NRIs to invest in these firms more than ever.

The NPS (National Pension Scheme) is one of the many investment options for NRIs, especially for those who are planning to come back to India and use the corpus for their retirement.

The Nation Pension Scheme (NPS) is a contribution scheme initiated by the Indian Government offering various investment options for people looking to build a corpus for their life post retirement.

In this scheme, one can invest in various assets, and the corpus for retirement is dependent on the returns from such assets, which are market linked. Dedicated managers are entrusted with the job of managing the money of the investors.

The investments are made by the professional fund managers regulated by Pension Fund Regulatory and Development Authority (PFRDA).

Eligibility for NRIs to invest in NPS

  • It is open to any NRI between the ages of 18 to 60 years.
  • PIOs/OCIs are not eligible to invest in NPS.
  • The investor should have NRE/NRO account complying with KYC forms.
  • Power of Attorney (POA) is not allowed; therefore, the NRI has to open the account himself.

Contribution to the NPS Account

An NRI can make his/her contribution to the NPS account through NRE or NRO account, subject to foreign exchange conversion norms.

  • Minimum Contribution at the time of account opening – Rs.500
  • Minimum amount per contribution – Rs.500
  • Minimum contribution – Rs. 6000/-per annum

Salient Features of NPS

  • The investment portfolio is diversified across various financial securities in an appropriate manner.
  • The impact on returns that any investor may earn from his/her investment is minimised when an adequate mix of investment assets and instruments classes like Corporate Bonds, Equity and/or Government Securities is made.
  • The amount of risk an investor can withstand can be used as a deciding factor to make the judicious mix of Equity, Corporate Bonds, and Government Securities in investment.

Investment options in NPS

There are two investment options under National Pension Scheme:

  • Active Choice: In this option, an NRI has the choice to decide the classes of an asset in which he/she would like to invest funds and the respective proportions.
  • Auto Choice: This is a default option under NPS investment. Depending on the age of the investor the allocation of funds is done automatically among various assets.

It is an important aspect of financial planning for any person to build a sizeable retirement corpus. These funds not only help in taking care of expenses in old age but also fight the ups and downs of post-retirement life.

The government has provided a very safe and efficient investment option for both Indian residents as well as NRIs. Therefore, investing in NPS can help ensure that such corpus is there to make one’s life hassle free in their golden days.

 

By | April 25th, 2017|Blog, Nri|0 Comments

How does the country trade – Foreign Trade Policy of India

Introduction 

Before India got its independence, it had no clear trade policy, after independence a trade policy as a part of the general economic policy of development was formed.

Two phases describe Foreign Trade Policy. They are -Foreign trade policy before 1991 and Foreign Trade Policy after 1991.

Phases of Foreign Trade Policy of India before 1991 

  • Phase I 1947 – 48:1955-56
  • Phase II 1956 – 57: 1967-68
  • Phase III 1968 – 69: 1974-75
  • Phase IV 1975 – 76: 1989-90

Highlights of Phase I:

  • Foreign trade was liberalised and adopted as the goal of trade policy.
  • Export control and duties were relaxed.
  • Export quotas got eliminated.
  • The incentives were given to enhance export.

Highlights of Phase II:

  • Import substitution strategy was followed to lessen dependence on foreign countries.
  • Self-sufficiency in mega and capital goods industry was stressed.
  • Very restrictive import policy and effective export promotion policy was adopted.
  • Provision for the long lasting solution to the balance of payment problem endeavoured.

Highlights of Phase III:

  • Increased allocation of raw material to export-oriented industries.
  • Income tax relief to export earnings.
  • Export promotion through import entitlement.
  • Removal of disincentives initiated.
  • Establishment of export promotion advisory council, a ministry of international trade.

New Trade Policy after 1991 that followed are:-

  • Foreign trade policy 1991
  • Export – import policy 1992-97
  • Export – import policy 1997-2002
  • Export – import policy 2002-2007
  • Export – import policy 2003-2004
  • Export – import policy 2004-2009
  • Foreign Trade Policy 2009-2014

Key features of Foreign Trade 1991:

  • Export promotion and import liberalisation by strengthening export incentive.
  • Excluding quantitative restriction.
  • Tariff structure made rational.
  • Cash compensatory support system replaced by a scheme of the value based advance licensing scheme.
  • Commerce Account joined with Current Account.

The objective of Export-Import Policy 1997-2002:

  • To derive maximum benefit from expanding global opportunity.
  • To enhance economic growth by providing raw material, intermediates, consumable assets for production.
  • Increase in technological superiority and efficiency and Indian agriculture, industry, and service.
  • To provide consumers with quality products at reasonable prices.
  • To simplify the procedural formalities and follow the expanding freely importable list.

Export –Import Policy 2002-2007 Objectives:

  • De-reservation from small scale industries and enhancement of technology.
  • To facilitate sustained growth in export to earn a share of at least 1 % of global merchandise trade.
  • To stimulate economic growth by providing access to essential raw material, intermediate, and capital goods for production and provide service.
  • To enhance technology strength and efficiency of Indian agriculture, industry, and service.
  • To accommodate consumers with quality products and service at internationality competitive price.
  • Exclusive economic zones were created, and massive tax evaluations were also dropped.
  • Decontrol and deregulation of the agriculture sector.

Highlights of Foreign Trade Policy 2004-2009:

  • Push to export to garner 1.5% of world share by export $150 billion worth of merchandise.
  • Hundred per cent FDI would be permitted for developing infrastructure.
  • Import of seed, bulbs, and fibres.
  • Goods and services, as well as exports, were excused from service tax through various policies.
  • FDI enabled to increase and establish free trade and warehousing zone up to 100% and each to have Rs.100 crore outlays.

Foreign Trade Policy 2009-2014 Objectives:

The principal purpose of the system was to achieve an annual export growth of 15% with an annual export target of US $ 200 billion by March 2011. In remaining three years of foreign trade policy up to 2014, the country aimed to reach high export growth of around 25% per annum.

India’s Foreign Trade Policy plans to increase India’s share in the global commerce share by twofold by 2020.

By | April 24th, 2017|Blog, economic|0 Comments

When You agree to disagree & part ways – Divorce by Mutual Consent

The meaning of Mutual Divorce

  • Hindu Marriage Act, 1955, Section 13-B provides the parties the means to divorce by mutual assent through filing a petition in court. Mutual consent implies that both the parties agree for an amicable parting.
  • Mutual Divorce is an easy way of terminating a marriage and dissolving it legally. An essential requirement is the general consent of the husband & wife. There are two aspects to which Husband & Wife have to reach a consensus, and they are the alimony/ maintenance issues. According to Law, there is no minimum or maximum limit of support. It can be any figure or no figure at all. The next most significant consideration is the Custody of the child. It can also be accomplished efficiently between the individuals. The Custody of child in Mutual Separation can be shared or joint or exclusive depending upon the agreement of the parties.

When can you file for divorce by mutual consent?

  • The individuals thinking to dissolve their marriage are obliged to wait for at least one year from the date of the wedding.
  • They have to prove that they have been living separately for a year or more prior the presentation of the appeal for divorce and that through this period of separation they were unable to live together as a couple.

Where is the Divorce Petition filed?

  • Divorce Petition is filed in the family court of the city or district where both the partners have lived together for the last time and which has been their marital home.

Are there different laws of divorce in India for various religions?

  • There are separate laws of divorce for several religions in India. Hindus, Sikh, Jain, Buddhists are governed by the Hindu Marriage Act, 1955. Christians are administered by Indian Divorce Act-1869 & The Indian Christian Marriage Act, 1872. Muslims are commanded by Personnel Laws of Divorce and also the Dissolution of Marriage Act, 1939 & The Muslim Women Act, 1986.Likewise, Parsis have their law that is The Parsi Marriage & Divorce Act-1936.Another secular law called Special Marriage Act, 1954 is also there to cater to divorces in India.

How is a divorce petition by mutual consent filed? What follows in the Court?

  • The divorce petition is in the form of an affidavit. It is presented only in a family court. After filing the appeal and recording the statement of both the parties, the court adjourns the matter for six months.
  • Six months later the individuals are asked to present themselves again to the court for making a second motion verifying of the divorce petition filed earlier. The court then grants the decree of Divorce.

What if one party withdraws the mutual consent petition after filing in the court? What happens then?

  • During six months when the appeal is pending in the court, any of the partners is fully entitled to withdraw the mutual consent through an application to the court saying that she/he do not wish to divorce through mutual consent. In such situation, the court gives no divorce decree.

What should the other party do under such circumstances?

  • Under such circumstance, there is nothing available to the other party except to file an ordinary appeal for divorce under the provisions of the Hindu Marriage Act, 1950, Section 13.
  • In such situations divorce is granted only on defined grounds like torture, desertion, infidelity, the other spouse being mentally unsound, change of religion by another partner, venereal disease, a partner having renounced the world or being missing for more than seven years.

Can the spouse permit for remarriage without getting divorced from the present partner?

  • Remarriage without getting the Judgment of Divorce is a punishable offense with seven years of confinement.

If either of the mates is unheard of for a long time, can divorce be filed?

  • If the absence of the spouse without any information to the other spouse of his/her whereabouts for seven years continuously has any proof, an appeal is another possibility in this respect in the family court.
By | April 22nd, 2017|Blog, Divorce|0 Comments

The often misinterpreted term – “Adultery”!

Adultery is a term associated with extramarital sex that is deemed unacceptable on social, religious, moral, or legal grounds. What sexual pursuits draft adultery varies, as well as the social, religious, and legal consequences. A single act of sexual intercourse is sufficient to constitute adultery, and a more long-term sexual relationship becomes an affair.

What is considered to be Adultery?

Intentional sexual relations between an individual who is married and someone who is not the spouse of the person. The act is seen as wrongful regardless of whether the other person was married. At Common Law, adultery was unlawful intercourse between a married woman and any man other than her husband.

What comprises Adultery Law in India?

Indian Penal Code under section 497 deals with Adultery. According to the Indian penal law, a woman cannot be convicted of infidelity. In India, Only a man who has consensual sexual intercourse with the wife of another man without his consent can be liable under this offense in India. If someone “lives in adultery,” the partner can file for separation.

Adultery Laws In India

We can sum up by saying that adultery is a consensual relationship between a married person and somebody who is not his/her legal spouse. Adultery is therefore legally wrong and is a punishable offense in India. Performing adultery is a crime which violates the marriage vows and is harmful to public morals. It is considered illegal in many countries, and certain laws have been passed to keep a check on it. Though performing adultery does not sum up to any criminal offense, it may still invite due consequences, and the person involved may be penalized and punished especially if the case is of separation.

History of Adultery

Ancient Greece and Roman world had harsh laws against adultery, but those were applicable only if the female was married. Those laws were not applicable if a man maintained a sexual relationship with a slave or an unwed woman. The Bible too prohibits adultery, and the seventh commandment clearly states this. In Judaism, both the parties were uniformly responsible for adultery. However, it applied only when the female partner was married. Lord Jesus also abhorred adultery and considered that even looking at a woman with lust is equal to adultery. As per ancient Hindu laws, only the felonious females were punished and killed whereas the men were left off with warnings only.

Adultery laws

A  legal definition of adultery would be different from one country to another. Laws related to infidelity vary from statute to statute. In some places, it is an offense, and the adulterer has to face death penalty while at some place it may not be a punishable crime. As per some statutes, if either individual is married to someone else, both parties to an adulterous liaison are culpable to the offense. As per the Indian jurisdiction, the adultery law comes under Section 497 of the Indian penal code and two rules cater to adultery, they are:-

Section 497 of IPC:

As per  IPC, section 497  it is adultery when somebody has sexual intercourse with someone whom he identifies or has reason to believe to be the wife of another man, without the permission of that man, such sexual intercourse not resulting to the offense of rape, is guilty of the crime of adultery. Such an act is liable to punishment with confinement of either for a period which may extend to five years or with fine or with both. In such case, the wife shall not be punishable as an abettor.

Section 498 of IPC:

Enticing or detaining married women with criminal intent also calls for punishment with subjecting of both order for a term which may extend to two years, or with fine, or with both.

Our society abominates marital infidelity/Adultery and these laws have been passed to maintain and preserve the sanctity of marriage.

By | April 21st, 2017|Adultery, Blog, Indian Law|0 Comments

Corporate Litigation defined

There are many types of lawsuits, also called litigations. When a business is involved, it becomes corporate or commercial litigation.

Corporate Litigation is a different bet than most other types of lawsuit. Corporate litigation is not just about one business suing another. It also includes legal proceedings having anything to do with a firm or corporation, and include measures taken to avoid litigation as well as litigating and managing business disputes.

In general, corporate litigation involves a whole host of tort and contract issues. Legal problems a corporation may face over the course of its life, such as the following comes under the corporate or commercial litigation:

  • Securing agreement on wage, work hours and anti-discrimination laws
  • Protecting firms against illegal termination suits
  • Ensuring compliance with fresh accounting and corporate governance laws
  • Contesting or negotiating claims
  • Maintaining corporate tax agreement
  • Resolving labor disagreements with workforces as well as with employees and professionals
  • Violation of contract issues, mostly with other companies, whether supporting or suing
  • Tort matters, where a buyer or consumer sustains damage either from the product or the services offered
  • Corporate land issues, premises liability to disputes with landlords or regulators

Top three Corporate Litigations

While the list mentioned above includes almost all kinds of corporate disputes, we will, therefore, discuss top three corporate lawsuit categories to give one a basic guideline for what constitutes reasons to suggest that litigation may be appropriate.

Deceptive or Fraud Practices:

  • When a business adopts dishonest, or fraud means and has not been thoroughly honest in describing their service or products while managing the trade.
  • Misuse of Intellectual Property and revealing trade secret to harm a business also comes under corporate litigations.
  • Further, if the business information has flowed when it is believed valuable to competitors is also a violation of confidentiality, especially if the information given outside the company demeans the firm in any way.
  • The Breach of Trust by somebody from inside the business composition when he/she leaks any sensitive information which may harm the business also comes under commercial litigation.

Employer and Employee Disputes:

  • Conflicts that arise due to poor health, overtime or discrimination issues can bring firms legal battles.
  • When an agreement limiting the competition is disrupted when an employee quits and goes to work for a competitor despite the signing of something that stated they would not do so may also lead to a court case.
  • The Infringements of Securities Law is when there are fraudulent practices carried out during the sale of securities and stocks.

Violation of Contract:

  • When a service, merchant, legislator of any business asset, or others refuse or fail to keep their part of the contract or deal and also break the contract that is drawn up on behalf of the company, then they perform breach of agreement or contract.
  • Tortuous Interference is when a separate party tries to interfere to prevent a deal from being drawn up by a business and a second party.

Thus, Corporate Litigation includes any legal procedure having anything to do with a business or organization and can involve steps taken to avoid litigation as well as litigating and managing business disputes.

 

By | April 20th, 2017|Blog|0 Comments

All for the Mom’s rights – Know more about the Maternity Benefit Act.

Even in today’s modern working environment being a woman and holding a position of power is not easy, especially if the lady is married. The mentality of the male employees and the competitive nature of the industry cause problems. If a woman gets pregnant on the job things are not always very conducive for her, especially in terms of the facilities provided or the nature of leave granted. Therefore, the Maternity Benefit Act was incorporated so as to protect women from such treatment and ensure social security to them.

The aspiration behind the enactment of the Maternity Benefit Act was to manage the employment of the women in different companies for the period prior and post pregnancy. This Act helps women by accommodating them during their maternity period and providing various benefits so that they can feel secure about their employment.

Applicability of the Maternity Benefit Act

The Maternity Benefit Act, 1961, applies to:

  • every business whether it is a  factory,  plantation, or mine including establishments that belongs to Government
  • organizations engaged in an exhibition of acrobatic, equestrian, and other performances (the number of workers doesn’t matter)
  • institutions, where 10 or more individuals are hired or were employed on any day of the preceding 12 months

The State Government with the assent of Central Government can declare that provisions of this Act shall also apply to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

Remember: The Act does not apply to any factory or another establishment to which the provisions of the Employees’ State Insurance Act, 1948, apply for the time being.

Benefits provided under the Act

The right to payment of maternity benefits:

  • The employer is inclined to pay the maternity perks i.e. the amount payable to the woman at the rate of the regular day by day wage for the time of her absence.
  • The woman will be eligible to receive maternity benefits only if, she has worked in the establishment for at least 80 days during the 12 months immediately preceding the date of her expected delivery.

Maternity Leave Period:

  • As per the new amendment in the Act (2017), the duration of paid maternity leave is now to be taken as 26 weeks. The woman can avail the benefit eight weeks before the expected delivery date and the remaining 18 weeks post the delivery.
  • But if the woman is expecting a child after having two kids, she’ll only get 12 weeks paid leave i.e. 6 weeks before expected delivery date and six weeks post childbirth.
  • In the case of adoption, the woman is entitled to avail the benefit of paid leave for 12 weeks from the day of adoption.
  • As er the changes introduced now a woman gets a 6 week leave period if she has had a miscarriage – time period to be counted from the day of the miscarriage.

Work from Home:

  • The amendment has provided the provision of Work from Home for women that can be used after leave period of 26 weeks expires.
  • This provision depends on the nature of the work and the mutual agreement with the employer.

Creche Facility:

  • It is mandatory for the organizations with 50 or more employees to provide crèche facility and women shall be permitted to visit it four times during the day.

Employee Awareness:

  • It is compulsory for the employers to educate the women about the maternity benefits that they provide at the time of the appointment.
By | April 19th, 2017|Blog|0 Comments
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