Dear All,
I was terminated from my job when I was in my eight month of pregnancy and was given a termination letter in which the company promised to pay 3 months Basic salary alone. I sent out a letter to my HR claiming my maternity benefit. The company has settled my maternity benefit (for 84 days) but has not given me the 3 months basic salary that they had promised in the termination letter. I would like to know if I can still ask for the termination pay which they had promised to give in my termination letter. The company had been totally unfair to me throughout from when I informed them about my pregnancy and was put through lot of mental stress. They had only settled my maternity benefit after I asked for it, so as to avoid any legal complications. Pls guide me on this.
Thanks and Regards
From India, Mumbai
I was terminated from my job when I was in my eight month of pregnancy and was given a termination letter in which the company promised to pay 3 months Basic salary alone. I sent out a letter to my HR claiming my maternity benefit. The company has settled my maternity benefit (for 84 days) but has not given me the 3 months basic salary that they had promised in the termination letter. I would like to know if I can still ask for the termination pay which they had promised to give in my termination letter. The company had been totally unfair to me throughout from when I informed them about my pregnancy and was put through lot of mental stress. They had only settled my maternity benefit after I asked for it, so as to avoid any legal complications. Pls guide me on this.
Thanks and Regards
From India, Mumbai
Dear Ramyamurthy,
According to section 12(1) of The M B Act, 1961 when a woman absents herself from work in accordance with the provision of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice discharge or dismissal on such a day that notice will expire during such absence. The notice of termination was given to you in the eighth month of pregnancy which was to be going to be expired during your absence i. e. within 84 days of maternity leave period. If this is the case then you can approach the Labour Office of you area for this notice & termination. If you do not want this remedy then please go through the terms & conditions of your appointment letter for non payment of legal dues. If you were working in the capacity of supervisory, managerial or administrative capacity then take action according to your appointment letter. In this case you have to approach the civil court or otherwise you can approach the labour office for non payment of your legal dues.
Submitted as per your request.
Regards
R.N.Khola
(Haryana)
From India, Delhi
363According to section 12(1) of The M B Act, 1961 when a woman absents herself from work in accordance with the provision of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice discharge or dismissal on such a day that notice will expire during such absence. The notice of termination was given to you in the eighth month of pregnancy which was to be going to be expired during your absence i. e. within 84 days of maternity leave period. If this is the case then you can approach the Labour Office of you area for this notice & termination. If you do not want this remedy then please go through the terms & conditions of your appointment letter for non payment of legal dues. If you were working in the capacity of supervisory, managerial or administrative capacity then take action according to your appointment letter. In this case you have to approach the civil court or otherwise you can approach the labour office for non payment of your legal dues.
Submitted as per your request.
Regards
R.N.Khola
(Haryana)
From India, Delhi
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc