Although most employee benefits are provided at the employer’s discretion, others are required by law and mandatory. Statutory benefits include Social Security, unemployment compensation, and workers’ compensation.
1. Earned leave:

Saurabh Malik
Tribune News Service
Chandigarh, October 15-2016
In a significant judgment, the Punjab and Haryana High Court has ruled that the accumulated unutilised leave of an employee cannot be reduced to 300 days even if he is entitled to leave encashment for a maximum of 300 days.
The ruling came in case of Haryana Government employees after the High Court was told that accumulated earned leave was reduced to 300 days time and again during the course of service on the assumption that they were entitled to a maximum of 300 days earned leave.
Eventually, when the time came for encashment of unutilised earned leave, they were granted the benefit for lesser number of days.
“If an employee is entitled to leave encashment for a maximum limit of 300 days, that does not mean that the accumulated unutilised leave is to be reduced to 300 days if it exceeds the limit. The earned leave will continue to accumulate till the retirement of the petitioners and the petitioners are to be granted the maximum benefit of 300 days, as stated in the rules,” Justice Kuldip Singh ruled.
The ruling came on a petition by Jaipal Phogat and another petitioner against the State of Haryana and other respondents. Justice Kuldip Singh asserted the “unfortunate controversy” was regarding the method used to calculate unutilised earned leave of petitioners Jaipal Phogat and Jaibhagwan.
Retired mechanics, the petitioners had claimed that they were entitled to leave encashment of 300 days unutilised earned leave. Petitioner number one was is entitled to 300 days leave encashment, but was granted the benefit of 257 days. Petitioner number two, on the other hand, was entitled to 268 days leave encashment, but was granted the benefit of 211 days.
During the course of the hearing, Justice Kuldip Singh asked both parties to file calculation sheets. He added that the examination of calculation sheet regarding Phogat showed mischief was done while calculating unutilised earned leave on April 27, 1999, May 22, 2003, and October 31, 2007.
The unutilised earned leave for 362 days, 375 days and 335 days, respectively, was reduced to 300 days on the assumption that the petitioner was entitled to a maximum of 300 days earned leave.
Similarly, in Jaibhagwan’s case, earned leave was reduced on August 11, 2002, May 22, 2003, and August 22, 2003, from 308 days, 307 days and 305 days, respectively.
“The calculation done by the respondents is not only mischievous, but wrong application of the principle of calculation of unutilised earned leave is also there. As such, the calculations made by the petitioners are accepted and that of the respondents are set aside,” the High Court ruled.
As mentioned earlier, that the task of providing social security to the needy is taken up both by governmental and non-governmental agencies and social organisations. Their efforts can be classified into two branches on the basis of the financial commitment and the contribution by the employees themselves towards such Social Security measure. Thus the two classifications of Social Security can be described as under:-
- In case of Social Assistance, there is no contribution made by the employees and the financial burden is shared by the employer. Government or social organisations. Whereas in case of Social Insurance, the workman himself is also contributing his share in the financial responsibility.
- In case of Social Assistance, it is gratuitously provided to the workman by the society, i.e. Government, employer or social organisation and therefore it cannot be claimed as a matter of right. Whereas in case of Social Insurance, it is a right of the workman to receive the social protection as he is also contributing towards the financial fund of such Schemes.
- In case of Social Assistance the benefit cannot always be claimed through Court’s intervention unless such scheme is provided as a statutory duty. Whereas in case of Social Insurance, it is a legal right of the workman also to claim it through the Court of Law.
- Employees Welfare Fund.
- Provision for Group Insurance Policies.
- Provision for Provident Fund.
- Provision for Pension.
- Provision for medical and educational facilities for the clerks and their families/dependents.
- Financial assistance to needy clerks.
- Provision of payment of consolidated sum on death/disablement of any clerk.
- Provisions for common rooms with books and newspaper akin to Bar Room for Advocates.
- Provisions for periodical training programmes and symposiums to upgrade their skills and to train them.
With reference to India, the Constitution levies responsibility on the State to provide social security to citizens of the country. The State, here, discharges duty as an agent of the society in order to help those who are in adverse situations or otherwise needs protection owing to above mentioned contingencies. Article 41, 42 and 43 of the Constitution do talk about the same. Also, the Concurrent List of the Constitution of India mentions issues like-
- Social Security and insurance, employment and unemployment.
- Welfare of Labour including conditions of work, provident funds, employers' liability, workmen's compensation,invalidity and old age pension and maternity benefits.
Below mentioned are the important employment laws on the Social Security benefits within India meant for the employees working in various industries and it is compulsory for employer to provide Social Security benefits to his employees according to this acts. If any contrivance with laws mentioned below by the employer shall be made liable for punishment by the Legislature.
Employees State insurance provides following benefits to the employees whoever got covered according to The Employees State insurance Act 1948.
APPLICABILITY
Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.
Contribution
Currently, the contribution rate is 1% of wages of Employee and 3% payable by Employers for first 24 months(w.e.f. 6.10.2016) Employees in receipt of a daily average wage upto Rs.137/- are exempted from payment of contribution. Employers will however contribute their own share in respect of these employees.
- Sickness benefit: ESIC provides 70% of average daily wages in cash during medical leave, upto 91 days in two consecutive benefit periods.
- Medical benefit: ESIC provides reasonable Medical Care for self and family from day one of entering into insurable employment.
- Disablement benefit: ESIC provides continuous monthly payment till injury lasts for temporary disablement and for whole life for permanent disablement.
Permanent disablement benefit (PDB) : The benefit is paid at the rate of 90% of wage in the form of monthly payment depending upon the extent of loss of earning capacity as certified by a Medical Board
- Maternity benefit: ESIC provides 100% of average daily wages in cash up to 26 weeks in confinement and 6 week in case of miscarriage, during maternity leave and 12 weeks for commissioning mother and adopting mother.
- Unemployment allowance: ESIC Provides monthly cash allowance for a duration of maximum 24 months in case of involuntary loss of employment or permanent invalidity due to non-employment injury.
- Funeral Expenses : An amount of Rs.10,000/- is payable to the dependents or to the person who performs last rites from day one of entering insurable employment.
b) Maternity Benefit
Women who constitute almost half of the segment of our society have to be honoured and treated with dignity at places where they work to earn their livelihood. Whatever be the nature of their duties, their avocation and the place where they work; they must be provided all the facilities to which they are entitled. To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in per forming her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit (Leave) aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear of being victimised for forced absence during the pre or post-natal period.
The Maternity Benefit Act, 1961, protects the employment of women during the time of maternity and entitles them to a full paid absence from work to take care for the child. The amendments in 2017 seeks to increase maternity leave period to 26 weeks in all establishments, including private sector.
The Maternity Benefit Act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing 10 or more persons except the employees who are covered under the Employees' State Insurance (ESI) 1948 for certain periods before and after child-birth and provides for maternity and other benefits.

The Kerala High Court recently reiterated that women-employees are entitled to maternity leave, regardless of whether their employment is contractual or otherwise.
Allowing a petition filed by 35-year old Rasitha, who was denied maternity leave by the Calicut University on the ground that the terms of her contract did not envision the grant of such leave, Justice A Muhamed Mustaq held,
“The maternity benefit is not merely a statutory benefit or a benefit flowing out of an agreement. This court consistently held that it is attached with the dignity of a woman…. In Rakhi’s case (supra) it was held that a woman employee cannot be denied maternity benefits merely because her status is a contractual employee. Therefore, the University is bound to grant such benefits notwithstanding anything contained in the agreement of contract.”
Rasitha had been working as an employee at the Calicut University for a decade on a contract basis. In August 2017, her contract was renewed for another year.
While this was the case, the University denied her maternity leave, citing that since no such benefit was contemplated in her contract, at best she could only claim 15 days of casual leave and abstention from duty on account of medical conditions of maternity.
On the other hand, Justice Mustaq pointed out that there are several cases that have established that a woman cannot be compelled to choose between motherhood and employment. In particular, reference was made to the cases of Mini v Life Insurance Corporation of India and Rakhi PV and Others v State of Kerala & Another.
Notably, in Rakhi PV’s case, the Court had specifically held that contractual employees cannot be denied maternity leave merely because of their contractual status.
“In Rakhi’s case (supra) this Court has specifically referred to the claim of maternity leave due to women employees who are working under contract and this court held that such women cannot be denied the maternity benefits. It is submitted in the Bar that the judgment in Rakhi’s case (supra) was affirmed by the Division Bench as well.“
In view of these observations, the Court allowed Rasitha’s plea and directed the Calicut University to pay maternity benefits due to the Rasitha, as applicable in the case of other employees of the University, within two months.
L’Oreal India has enhanced maternity leave to 26 weeks from 14 weeks earlier in an effort to retain high-potential employees.
The new parental benefits include pre-commute assistance for expecting women employees starting from the sixth month of pregnancy and child care allowance for two years from the date of delivery. “The business case of an enhanced maternity leave policy and other parental benefits is to retain high potential talent, enhance productivity and make the company an attractive employer,” said Mohit James, director, human resources, L’Oréal India.
To help new mothers ease back into work, they can also avail of reduced work hours for two continuous weeks immediately after resuming work, said James. The policy also entitles fathers to paid leave of two weeks. Additionally, the adoption leave has been increased to 12 weeks for mothers and one week for fathers. L’Oréal India will also offer flexible working options to each parent as well as pre- and post-natal support and employee well-being sessions and dedicated HR and management support.
The labour ministry is busy putting the amended Maternity Benefit Act together that would entitle working women in private sectors to 26 weeks of maternity leave from the existing 12, the big four consulting firms have already taken a leap. While Deloitte has declared 26 weeks of maternity leave for its woman employees, PricewaterhouseCoopers, EY and KPMG are in the process of finalising such policies.A severe crunch of woman employees at the top has pushed these companies to not only extend the maternity leave benefit, but also in introducing a slew of other initiatives to retain the valuable resource.
To be piloted for the first time in India, EY is also working out a programme called 'Maternal Coaching', where all the women at the leadership and senior positions will be trained to coach other women in their teams before and after maternity leave on not quitting the job.PwC is planning to retain women who leave for maternity with an 'umbilical cord' of up to seven years or so. This would allow women on maternity leave to be on the rolls of the company without actively working and without pay. "Though this is in the pipeline, they intend to offer all the training and updates to the women who go on maternity leave so that they are connected with the firm.
Country |
Maternity Leave |
Paternity Leave |
Percentage of wages |
Source of Funding |
India |
Act: 12 weeks Bill: 26 weeks |
No provision Despite there being no legislation 15 days is allowed for male Govt Employee |
100% |
Employer |
UK |
52 weeks |
14 consecutive days |
|
Mixed (employers reimbursed up to 92% by public funds) |
South Africa |
17 weeks |
3 days |
|
|
Singapore |
16 weeks |
7 days |
100% for first and second child |
Mixed (8 weeks employer and 8 weeks public funds) |
Brazil |
17 weeks |
5 days |
100% |
|
China |
14 weeks |
No provision |
100% |
Employer contribution via insurance scheme |
France |
16 weeks |
11 days |
100% up to a ceiling |
Social insurance scheme |
Australia |
52 weeks |
14 days |
|
Public funds |
Canada |
17 weeks (federal) |
No provision |
55% for 15 weeks up to a ceiling |
Public Funds |
USA |
12 weeks (federal) |
No provision |
Unpaid |
No provision |
- In 25% of the countries, maternity benefits are paid solely by the employer (e.g. Kenya, Puerto Rico, Nigeria, Pakistan).
- In 16 % of the countries, maternity benefits are financed by a combinations of funds from the employer and the government (e.g. United Kingdom, Germany).
- In 58% of the countries, cash benefits are provided to pregnant women through national social security benefits (e.g. Norway, Australia).
- In the remaining 1% of the countries, there was no provision for maternity benefits (namely, US and Papua New Guinea).
Improved maternity benefits could prove counterproductive: Survey
ET Bureau Updated: May 01, 2018, A little over one year after India increased the maternity leave benefit to 26 weeks from 12 weeks, a survey said the move could be counterproductive to the cause of a diverse workplace in certain sectors unless other support measures are also undertaken.
According to a survey on the costs and benefits of the new regulations by leading employment services company TeamLease, at least 26 per cent of the 350 startups and small and medium enterprises (SMEs) that responded said they will prefer hiring a male candidate, given the cost of the six-month maternity leave benefit. About 40 per cent of respondents said they will hire women but will consider whether such a cost is worth the candidate.
However, 39 per cent of organisations said the move will have a positive impact and will lead to a happier workforce but 35 per cent of the respondents said that the six-month maternity leave will impact both cost and profitability.
“While many of the startups and SMEs are progressive, a significant number seems to be considering the consequences of this regulation.” Plus, even when organisations do have a policy of non-discrimination in hiring, the recruiting manager could take a short-term view. Therefore, just changing the law is not enough; reinforcements are needed at multiple levels.

Accenture joins a club of corporates such as Standard Chartered, Citibank, Barclays, Murugappa group and HCL who choose to give 22-28 weeks leave for adoption surrogacy.Accenture increased its adoption leave from the current eight weeks to 22 weeks and included a clause that puts surrogacy leave at 22 weeks. The move gains particular significance as the current statutory requirement is at three months or 12 weeks. While some companies choose to give parents as much as 28 weeks leave, others give their workforce one week leave, said the study.
On average, Indian companies choose to give their workers nine weeks leave to celebrate the latest entrant to their family. IT majors like HCL Tech lead the pack with 26 weeks surrogacy leave -on a par with maternity.Not far behind is Infosys with 16 weeks for the primary caregiver.International banks such as Standard Chartered, Citibank and Barclays, who choose to give between 22 and 28 weeks leave, have a liberal adoption policy globally. In India, they retain the same guidelines -proving highly beneficial to heterosexual couples who want to adopt, couples in a live-in relationship, same-sex couples and the rising population of single dads. Barclays, which has revised its maternity policy from 84 days to 154 days, introduced adoption leave in 2014.
At Mondelez India, mothers, who choose to adopt, get three months leave versus six-month maternity leave.But the company is offering a 15-month-flexi work option for all new parents, irrespective of whether they chose to adopt. Family-run business Murugappa Group also offer 24 weeks for adoption.
http://economictimes.indiatimes.com/articleshow/56214740.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

The word "surrogate", from Latin "subrogare", means "appointed to act in the place of". The intended parent(s) is the individual or couple who intends to rear the child after its birth.
The leave granted to the woman who is going to have a child through surrogate pregnancy is called as surrogacy leave.
Accenture increased the adoption leave its staff can take to 22 weeks from the current eight and added surrogacy leave, also of 22 weeks, as a new category, making the company one of the first in India to equate surrogacy and adoption leaves to maternity leave practices. In the year 2015, company extended its maternity benefits (to five months) and that has had a tremendous impact on retention of women. Realising that it has extended the same benefits to adoption and surrogacy.The first few months is crucial for child nurturing and to bond with the child. It is not just in case of maternity but also in case of surrogacy and adoption. Hence organisation decided to extend the benefits so that all its woman employees that it care to support them in this crucial life stage and so that senior high-potential woman employees do not leave the organisation at this care-giving stage to never return.
Several companies, including the Tata Group, Mondelez India Foods and Microsoft, have framed policies offering leave to employees who have a child through surrogacy. Companies offer such flexible options to allow women an opportunity to boost their careers even as they manage the demands of home and family. The Tata Group, for instance, offers six months paid maternity leave for child born thorough surrogacy. Under its refurbished parental policy, Mondelez India Foods also formally covers alternative forms of parenthood like surrogacy. Such internal policies apply to all employees and they have been framed given the transforming social conventions.
Technology company Pitney Bowes introduced a new policy ‘Mayeri’, which provides a six-month maternity leave for women employees in India and same applies to employees who wants to have child by way of adoption and to have a child by surrogacy (surrogate pregnancy).
[Read Judgement]
Dr.Ms.Pooja Jignesh Doshi Vs The State of Maharashtra and another.
WRIT PETITION NO. 1665 OF 2015.
Facts of the case
Petitioner chose the route of surrogacy and the surrogate mother gave birth to a baby girl on5 November 2012.
Petitioner sought maternity leave to take care of the surrogate child, which was denied by the respondent on the ground that the Leave Rules and the policy governing the Rules do not permit maternity leave for a surrogate child.
Court Held that
Referring to the judgements dated 22 July 2015 in Writ Petition No.3288 of 2015 Dr.Mrs.Hema Vijay Menon vs. State of Maharashtra, a Division Bench of this Court relying upon a decision of the Delhi High Court dated 17 July 2015in the case of Rama Pande vs. Union of India, held that even in case of birth by surrogacy the parents who have lent the ova and the sperm would be entitled to avail leave. The mother being entitled to maternity leave and the father paternity leave.
The Petitioner is held entitled to the relief sought for interms of prayer clause [C]; being that the Earned Leave and Half-pay Leave availed of by her should be entered in the record as maternity leave for the purposes of the leave account and that the said leave availed by the Petitioner during various intervals be converted into maternity leave.
March - 2013: The Madras High Court held that the government employees opting for children through surrogacy would be entitled to maternity leave in the form of child care leave. Honourable High Court said that if law can provide childcare leave in case of adoptive parents, then it should also apply to parents who obtained child through surrogate agreement. The object of such a leave is to take care of the child and develop a good bond between the child and the parents.
e) Leave for miscarriage or medical termination of pregnancy.
In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof, be entitled to leave with salary for a period of 6 weeks immediately following the day of her miscarriage or her medical termination of pregnancy. [Section 9 of the Maternity Benefit Act, 1961,]
f) Leave with wages for tubectomy operation
In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wage or salary for a period of 2 weeks immediately following the day of her tubectomy operation.[Section 9A of the Maternity Benefit Act, 1961,]
Accenture joins a club of corporates such as Standard Chartered, Citibank, Barclays, Murugappa group and HCL who choose to give 22-28 weeks leave for adoption surrogacy.Accenture increased its adoption leave from the current eight weeks to 22 weeks and included a clause that puts surrogacy leave at 22 weeks. The move gains particular significance as the current statutory requirement is at three months or 12 weeks. While some companies choose to give parents as much as 28 weeks leave, others give their workforce one week leave, said the study.
On average, Indian companies choose to give their workers nine weeks leave to celebrate the latest entrant to their family. IT majors like HCL Tech lead the pack with 26 weeks surrogacy leave -on a par with maternity.Not far behind is Infosys with 16 weeks for the primary caregiver.International banks such as Standard Chartered, Citibank and Barclays, who choose to give between 22 and 28 weeks leave, have a liberal adoption policy globally. In India, they retain the same guidelines -proving highly beneficial to heterosexual couples who want to adopt, couples in a live-in relationship, same-sex couples and the rising population of single dads. Barclays, which has revised its maternity policy from 84 days to 154 days, introduced adoption leave in 2014.
At Mondelez India, mothers, who choose to adopt, get three months leave versus six-month maternity leave.But the company is offering a 15-month-flexi work option for all new parents, irrespective of whether they chose to adopt. Family-run business Murugappa Group also offer 24 weeks for adoption.
http://economictimes.indiatimes.com/articleshow/56214740.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Though it is the mother who actually delivers the child, father plays an equally important role. A father is expected to be emotionally and physically available for both, mother and child, before and after the delivery. Infact, legally accepting and providing two months of paternal leave has resulted in a reduced divorce rate in Sweden.
In India, the Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. He can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed. For paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave. Also, the same rule applies when a child is adopted.
While paternity leave is sanctioned for government employees, there isn't any such law that indoctrinates the private sector to make it obligatory. Hence, paternity leave is open to interpretation by individual companies.
We all know and understand that for a healthy work culture and to get the optimum efficiency out of an employee, an employer must ensure to provide certain basic amenities like a comfortable work place, healthy working hours, giving the employee enough physical and mental rest etc. Being India where family is of first and foremost importance, an employer needs to keep in mind that having a child is a start to the chapter of family for almost all, hence, it is an utter necessity to provide reasonable amount of maternity as well as paternity leaves. We must not forget that for a vulnerable new mother and her newly born child, father is the most important person to be around.
CA Technologies has rolled out a new parent leave policy to promote greater work-life-balance for parents across all countries for its employees. The company is offering all employees globally — male and female — a minimum of 12 weeks paid leave during the first 12 months following the birth or adoption of their child.
While the women employees at CA (India) continue to be eligible for a maternity leave of 26 weeks; the paternity leavepolicy allows all male employees who have babies born or adopted; a 12-week paid leave, according to a release.
“Our new family leave policy demonstrates that CA not only champions and supports diversity and inclusion, but also recognizes the importance of giving employees time to spend with their young families. We believe that this will encourage male as well as female employees to be actively involved in the initial months of caring for their new child," said Sunil Sankar, VP People Business Partner, CA India.
Male employees will be eligible for the paternity leave if they have 12 months service at the date the child is born, or for adoptive parents where a child is matched or newly placed with them. "Employees can opt to take a shorter period of leave if they choose, and salaries and benefits will continue to be paid in the normal way," the company release stated.
- provides for payment of gratuity @ 15 days’ wages for every completed year of service or part thereof, in excess of seven months
- maximum amount of gratuity payable under the Act was raised from Rs. 10,00000/-
In the case of Family Pension the widow is eligible to receive pension on death of her spouse after completion of one year of continuous service or before even completion of one year if the Government servant had been examined by the appropriate Medical Authority and declared fit for Government service.
W.e.f 1.1.2006, Pension is calculated with reference to average emoluments namely, the average of the basic pay drawn during the last 10 months of the service or last basic pay drawn whichever is beneficial. Full pension with 10/20 years of qualifying service is 50% of the average emoluments or last basic pay drawn whichever is beneficial. Before 1.1.2006, for qualifying service of less than 33 years, amount of pension was proportionate to the actual qualifying service broken into completed half-year periods. For example, if total qualifying service is 30 years and 4 months (i.e. 61 half-year periods), pension will be calculated as under:-
where R represents average reckonable emoluments for last 10 months of qualifying service or the last pay drawn as opted by the govt servant.
Minimum pension presently is Rs. 3500 per month. Maximum limit on pension is 50% of the highest pay in the Government of India (presently Rs. 45,000) per month. Pension is payable up to and including the date of death.
Commutation of Pension
Retirement Pension plans in India detailed >>
CIVIL APPEAL NO. 3984 OF 2010
V. SUKUMARAN Versus STATE OF KERALA & ANR.
V. Sukumaran, the appellant before the Court, joined the Department of Fisheries of the State Government of Kerala as a Casual Labour Roll worker on 7.7.1976. He worked there upto 29.11.1983 rendering 7 years, 4 months and 23 days of service as a CLR worker. District Officer, Kerala Public Service Commission advised him to join the Revenue Department, Kannur District as Lower Division Clerk, which he did. He was subsequently regularised on 18.9.1989 and later got promotion as Upper Division Clerk (Higher Grade). He retired on attaining the age of superannuation on 31.12.2008. He filed a writ petition claiming pensionary benefits he was to receive at the time of retirement with the prayer that his service as a CLR worker from 7.7.1976 to 29.11.1983 be counted as 8 years of qualifying service for pension, His writ petition was dismissed by the High court.
Court held that
Pension is succour for post-retirement period. It is not a bountypayable at will, but a social welfare measure as a post-retiremententitlement to maintain the dignity of the employee.
The pensionary provisions must be given a liberal construction as a social welfaremeasure. This does not imply that something can be given contrary torules, but the very basis for grant of such pension must be kept in mind,i.e., to facilitate a retired Government employee to live with dignity in his winter of life and, thus, such benefit should not be unreasonably denied to an employee, more so on technicalities.
The arrears of pension be remitted to the appellant within a maximum period of eight (8) weeks from today with admissible interest as applicable to outstanding pension amounts.
[Read Judgment]
The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction.
The court held that
Pension and gratuity are not mere bounties, or given out of generosity by the employer. An employee earns these benefits by virtue of his long, continuous, faithful and unblemished service.The right to receive pension of a public servant has been held to be covered under the "right to property" under Article 31(1).
The right to receive pension has been held to be a right to property protected under Article 300A of the Constitution even after the repeal of Article 31 (1) by the Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979.
In view of the above, we hold that the Respondent-State was unjustified in withholding 10% pension of the Appellant under administrative Circulars dated 22.08.1974 and 31.10.1974, and Government Resolution No. 3104 dated 31.07.1980 after the Appellant had superannuated on 31.03.2008.
We direct that 10% of the pension amount which had been withheld after superannuation on 31.03.2008 till 19.07.2012 is liable to be paid to the Appellant within a period of 12 weeks from the date of this Judgment.
Court further held that
Petioner's two-decade-old legal fight began after he was terminated from service on May 24, 1999 for misconduct and theft, by KPTCL without holding any inquiry. The petitioner was a permanent employee of the respondent - Karnataka Power Transmission Corporation Limited (hereinafter referred to as ‘KPTCL’ for short) and at the relevant point of time, was working as a Store Keeper. Alleging that the petitioner had committed theft of store materials, a complaint was lodged with the jurisdictional police against the petitioner. On such allegation of theft, the KPTCL without holding any enquiry, terminated the services of the petitioner.
Court held that.
"The deprivation of even a part of this amount cannot be accepted, except in accordance with law, as pension is neither a bounty, charity or a gratuitous payment but an indefeasible right of an employee in terms of the Rules. Terminal benefits will enable a retired employee to live a life free from want, with decency, independence and self-respect. Depriving such right to livelihood, will leave a pensioner fall on the thorns of life and bleed," the court stated.
"Therefore, it is imperative to issue a mandamus for release of all the terminal benefits that are accrued in favour of the petitioner along with interest and also mulct the KPTCL with exemplary costs for harassing and driving its employee to this Court time and again and now for release of terminal benefits," Bench directed KPTCL to pay 9 percent interest on the entire amount due to the 77-year-old petitioner since his retirement in 1999 along with ₹50,000 as costs. the court ruled.
The employer's financial instability is not a valid ground to suppress the pension benefits of a retired employee as the pension is the only source of livelihood for a pensioner to live a dignified life after retirement held by Punjab and Haryana High Court.
and all the benefits for which she was entitled upon her retirerment, were not released immediately and the same were delayed by the respondents
without any valid justification.
On Article 21 the Supreme Court of India laid down in Chameli Singh v. State of U.P. 1996(2) SCC 549 that-
"In any organised society right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. All human rights are designated to achieve this object. Right to live guaranteed in any civilised society implies to right to food, water, decent environment, education,medial care and shelter. These are basic human rights known to any civilised society".
The fundamental question of standard of living and a dignified life interpreted in many landmark judgments pronounced by the Apex Court, where right to shelter is a guaranteed right and state is under obligation to provide the shelter to the citizens. In this case the financial uncertainty is the main ground in violation of the fundamental right of the petitioner and on this issue Supreme Court in cases like Municipal Council, Ratlam, (1980)4 S.C.C. 163, B.L Wadhera v. Union of India, All India Imam Organisation and Ors. v. Union of India and Ors., Kapila Hingorani v. State of Bihar. All India Organisation's case already laid down the principle that "Financial stringency may not be a ground for not issuing requisite directions when a question of violation of fundamental rights arises and Financial difficulties of the institution cannot be above the fundamental right of a citizen".
The Court held that the petitioner is entitled for interest @ 9% per annum from the date, the amount became due i.e. 01.11.2011 till the same are released in her favour. Let calculation of the interest be done by the respondents within a period of two months from the receipt of certified copy of this order and the amount so calculated by the respondents, shall be released to the petitioner within a period of one month thereafter.
i) Employees' Provident Fund
To go into the background of Provident Fund, it is basically a social security provision and provides some financial stability post retirement to employees. It isn't an idea specific to India, and may generally be found across the globe. The United States imposes Social Security and Medicare contributions towards old age, disability, pension and medical benefits. As early as the 1880s, Germany had built a social insurance programme (one requiring contributions from workers) that provided for sickness, maternity, and old-age benefits. Volatility of income especially hurt the older workers, as they often bore the brunt of economic downturns.
India: Employee’s Provident Fund or EPF is probably the most popular retirement saving scheme amongst salaried people. The government-run scheme is a savings scheme which is good for people who are looking for risk-free, guaranteed-return plans for retirement.Employees' Provident Fund is applicable to every employee who works under following establishments and takes salary less than or equals to Rs. 15000/- per month.
- Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments)
- Employing 20 or more persons .
- Cinema Theatres employing 5 or more persons.
J) General provident fund (GPF)
General Provident fund is a Social Security benefit specifically for the purpose of state and central government employees working in the India. To become a member of general provident fund, employee has to subscribe for its membership by way of contribution from his monthly salary.
Rate of Subscription
The amount of subscription is fixed by the
subscriber himself. However, it cannot be less than 6% of the basic pay
and not more than the basic pay(For class IV employees the percentage
is…..). The minimum subscription is determined on the basic pay drawn
on 31st March of the preceding financial year. Subscription may be enhanced twice and/or reduced once during the financial year.
BENEFITS TO THE MEMBERS OF THE GENERAL PROVIDENT FUND
1) Advance for Purchase of Dwelling Site.
2) Advance for Purchase of Dwelling House/Flat.
3) Advance for Construction of a House.
4)
Advance for Repayment of Housing Loan to State Government
Housing Board or any other Government recognised Housing Finance Body.
5)
Advance for Illness viz. Hospitalization for more than a month major
surgical operations or suffering from T.B.,leprosy, paralysis, cancer,
heart ailment etc.
6) Advance for Marriage of Self/Son/Daughter/Sister/Brother.
7) Advance for Post Matriculation Education of Son/Daughter.
8) Advance for Damage to the property Due to Natural Calamity (Flood/Earth Quake).
9) Advance for Member affected by cut in the supply of electricity.
10) Advance for Member who is physically handicapped.
The employees can withdraw their money and receive payments within 15 days.
Employees can withdraw GPF for select purposes after completing 10
years of service, as against 15 years of service earlier. The money can
be withdrawn for purpose of education (which includes primary, secondary
and higher education), marriage of self and family members, in
emergencies such as illness, buying property, cars and servicing bank
loans.
key points:
1. The relaxed rule for GPF withdrawal benefit central government employees
as subscribers can withdraw the outstanding money for purpose of
children education - including primary, secondary and higher education, covering
all streams and institutions.
2. Money can also
be withdrawn for expenses such as marriage and other ceremonies of self
or family members and dependents, illness of self, family members or dependents and purchase of consumer durables.
3. Government
has permitted GPF withdrawal of up to twelve months pay or three-fourth
(75%) of the outstanding money in the General Provident Fund,
whichever is less. In some cases such as for illness, the withdrawal may
be allowed up to 90 per cent of the amount standing at credit of the
subscriber.
4. 3/4th or 75% of
the total outstanding amount in GPF can be withdrawn for purpose of
buying a house, repayment of outstanding housing loan, purchase of land
for building a house, constructing a house, reconstructing or making
additions on a house already acquired and renovating, additions or
alterations of ancestral house.
5. GPF money can
also be withdrawn for the purpose of purchasing vehicles, repayment of
car loans, repair and overhauling of vehicles and making deposit to book
a vehicle.
6. For purchase of vehicle, a
central government employee can withdraw 75 % of the amount at
disposal in the GPF account or 75 per cent of the cost of vehicle
whichever is less.
7. Employees can also
withdraw 90% of the money without giving any reason from their
provident fund accounts two years before retirement from the job.
Earlier the employees were allowed to withdraw 90 per cent of money only
a year before their retirement.
8. In further
relaxation, head of department of the concerned employee will have the
power to sanction withdrawal from the provident fund accounts and no
documentary proof will be required to be furnished. An employee would be
required to give a simple declaration for the purpose of withdrawal.
9. In
case of emergencies such as illness of employee or his or her family
member the money from the GPF can be withdrawn within 7 days.
10. The notification on GPF was dated March 7, 2017.
3. SABBATICAL BENEFIT
[Sabbatical :any extended period of leave from one's customary work, especially for rest, to acquire new skills or training, etc.]
The Finance Ministry has asked PSBs to place this proposal before their respective boards for decision and its introduction with effect from April 1,2012, official sources said.
This follows the Government agreeing to the Khandelwal Committee's recommendation to introduce sabbatical for women employees of PSBs. The sabbatical benefit will be available only to employees who have put in a minimum of five years of service. The leave will have to be taken for a period of at least three months at a time and it should not be taken more than once in a year.
But, the Government's decision has somewhat irked trade unions, as they contend that such a move would be unilateral and in violation of the service conditions provided in the bilateral settlement between the Indian Banks' Association (IBA) and the unions.
The Khandelwal Committee was set up in October 2009 to study human resource issues in public sector banks. The Committee had made 105 recommendations, of which the Centre has given its green signal for 56.
401(k) plan (Retirement Benefit)
Employer-sponsored employee benefit scheme supported by the US tax code. Under this plan, a limited amount of an employee's before-tax salary is deposited into tax-deferred retirement plan where it accumulate free of tax. Withdrawals by the employee before he or she reaches the age of 59½ years attract penalties except in certain cases of hardship. More Detailed >>
The long-term viability of the social security system is facing serious issues. People are living longer, baby boomers are nearing retirement, and the birth rate is low. The result is the worker-to-beneficiary ratio has fallen from 17 to 1 in 1950 to 3 to 1, and within 40 years 2-to-1. At this rate there will not be enough workers to pay scheduled social security benefits at current tax rates.
A survey of recent retirees conducted by Putnam Investments found over 78 percent regretted not saving more during their work years. Fifty-nine percent felt they should have started saving for retirement earlier in their careers. More than a third wished their employer or plan manager had encouraged them to save more aggressively.
4. Leave Travel Concession
In USA an individual laid off by an organization covered by the Social Security Act may receive unemployment compensation for up to 26 weeks. Although the federal government provides certain guidelines, unemployment compensation programs are administered by the states, and the benefits vary state by state.
The Employees’ Provident Fund Organisation (EPFO) announced that its members can withdraw 75% of their funds after one month of unemployment and maintain their PF account with the body. The retirement fund body also gave an option to its members to withdraw the remaining 25% of their fund after two months of unemployment. When applying for the withdrawal offline, you are required to fill out the Composite Claim Form which serves the purpose of three forms- Form 19 (For Final PF Settlement), Form 10C (For Pension Withdrawal) and Form 31 (For Part Withdrawal of PF amount).
Feb 2012, WASHINGTON: The US House of Representatives passed a compromise bill on Friday extending a payroll tax cut and jobless benefits through 2012, measures aimed at boosting the US economy. The bill passed by a vote of 293 to 132 and nine abstentions, with broad support from Democrats and Republicans, after a bipartisan deal was reached to end a long and bitter fight over a key proposal by President Barack Obama. The cost of the package has been estimated at $150 billion.
The plan is expected to extend a cut in the Social Security tax rate -- from 6.2 to 4.2 per cent -- for another 10 months, and extend unemployment benefits through the end of the year. It will mean a salaried worker making $50,000 a year will be getting about $1,000 more in take-home pay over the course of the year.
6. WORKER'S COMPENSATION
Until the early part of the 20th century, workers had little recourse in the event that they were to become the victim of a workplace accident. But the new processes and machines that were incorporated into many jobs with the spread of industrialization created a sufficient increase in the level of occupational danger to warrant the attention of legislators. In response to the growing problem, laws were enacted to grant workers access to financial benefits that their employers would be obligated to provide, free of any considerations about liability. In some ways, it was a tremendous victory, and in others it was less so.Workers’ compensation benefits provide a degree of financial protection for employees who incur expenses resulting from job-related accidents or illnesses. More Detailed >>
7. PAID LEAVES
Employees who work all day, every day, without a break in sight, will generally be less productive on the job. Offering paid vacation as part of your benefits package will create a more positive work environment and will help your employees avoid burnout. According to Salary.com, there are several ways in which paid vacation can be structured.
For example, some employers offering basic employee benefits allow employees to "earn" paid vacation through years of service. It is also important to determine whether or not your employees will be allowed to carry over unused paid vacation days when a new year begins.
Italy, France, and Germany top the list of average number of vacation days per year, according to the World Tourism Organization. Italians receive an average of forty-two vacation days per year. Korea, Japan, and the U.S. are at the bottom of the list. Americans receive an average of thirteen vacation days per year.
Statutory holiday entitlements:
- U.K. (28 days)
- Poland (26 days)
- Greece, Austria, France, Sweden, Luxemburg, Finland and Denmark (25 days)
- Venezuela (24 days)
- Brazil, Peru, Spain, Portugal, United Arab Emirates (22 days)
- Norway (21 days)
- Argentina, Italy, Belgium, Germany, Cyprus, Ireland, Switzerland, the Netherlands, Latvia, Russia, Slovenia, Serbia, Slovakia, Lithuania, Croatia, the Czech Republic, Romania, Japan, Australia and New Zealand (20 days)
- South Korea (19 days)
There is no federal law that requires employers to provide vacation time, paid or unpaid, to its employers. Most employees consider it to be one of their most important benefits. Workplace experts agree that it is important to productivity and morale for employees to take time off in order to rest and rejuvenate. The typical U.S. worker receives ten vacation days per year.
It takes twenty-five years of service in the United States to achieve the mandated minimum vacation allotments in other comparable countries, according to an Economic Policy Institute study. France, Austria, and Denmark mandate at least 25 vacation days per year to employees. There is no mandated vacation time in the United States.
American workers receive on average about twelve vacation days a year. The typical American worker gives back an average of three vacation days, according to a recent survey by Expedia.com, leaving nearly 421 million vacation days unused. The survey estimates that 31 percent of employees do not take all their vacation days.
Every legal worker in the U.S. is entitled by federal law to three basic benefits. Workers' compensation provides insurance for work-related injuries or death. Social security provides retirement income and disability coverage for workers and their dependents. Unemployment insurance provides payments for a period of time presumably long enough to allow workers to find new jobs.
Many U.S. employers recognize 10 federal holidays, if not more.
Organizations commonly provide nine or ten days per year as public holidays, although there is no standard. Federal holidays, or legal public holidays, are recognized by Congress but are not observed by all employers.
Legal public holidays:
- New Year's Day, January 1
- Martin Luther King, Jr. Day, the third Monday in January
- Washington's Birthday, the third Monday in February
- Memorial Day, the last Monday in May
- Independence Day, July 4
- Labor Day, the first Monday in September
- Columbus Day, the second Monday in October
- Veterans Day, November 11
- Thanksgiving Day, the fourth Thursday in November
- Christmas Day, December 25
India
It consists of holidays which have to be observed compulsorily across India.These holidays are:
- Republic Day,
- Independence Day,
- Mahatma Gandhi's Birthday,
- Budha Purnima
- Christmas Day
- Dussehra (Vijay Dashmi) An additional day for Dussehra
- Holi
- Janamashtami (Vaishanvi)
- Ram Navami
- Maha Shivratri
- Ganesh Chaturthi / Vinayak Chaturthi
- Makar Sankrantili
- Rath Yatra
- Onam
- Sri Panchami / Basanta Panchami
- Vishu / Vaisakhi / Vaisakhadi / Bhag Bihu / Mashadi Ugadi / Chaitra Sakladi / Cheti Chand / Gudi Pada 1st Navratra / Nauraj
- Diwali (Deepavali)
- Good Friday
- Guru Nanak's Birthday
- Eid ul-Fitr
- Eid al-Adha (Bakrid)
- Muharram
- Prophet Mohammad's Birthday (Id-e-Milad)
- Dussehra (Maha Navami)
- Dussehra (Vijay Dashami)
- Deepawali
- Eid al-Adha (Bakrid)
- Guru Nanak's birthday/Kartik Poornima
- Dr. B R. Ambedkar's Nirwan Diwas
- Moharram
- Christmas
Yest it is given to take care of the above pre-natal and post natal expenses.
9. NIGHT-SHIFT ALLOWANCE
"To "subsist" means to manage to stay alive, especially with limited resources or money. The state of living as such is known as subsistence, which is indicative of the fact that one has enough resources to sustain life with basic minimum needs. This means of existence or continuance with meagre resources of livelihood for a salaried employee is known as a subsistence allowance, which is an advance payment to cover immediate living expenses while being kept away from service.
It is, therefore, an income that is sufficient to provide bare necessities and is an adequacy of support that exists as a reality while undergoing a compulsory distress. The idea is to preserve sustenance at the minimum economic level to sustain a minimum standard of living."