Malini rajan
3

Dear all,
I am working in private lld company more than 25 months. I went for maternity leave till last week of my delivery.
After three months gave extension of my leave two months without pay with proper letter. Earlier my seniors in office they have give three months leave extension without pay.
But when I rejoin as per my rejoining date they informed to postpone for few weeks, management will intimate my rejoining. In a week time got a mail stating that management decided to relieve you from the service with one month pay with immediate effect.
Asked for reason no response and informed that if u give resignation letter experience letter and relieving letter will be given.
Can I go and file a case against the company. Till my deliver being carrying twins I was working all of suddenno reason they stopped me and not ready to talk to me.
Seniors please help me.....

From India, Chennai
Malini rajan
3

Please guide me already I have one 6 yrs old daughter more over now twins without job very difficult.
From India, Chennai
stephen_7
148

It will be a serious issue and employer will be sued if you raise complaint in court.
You are supposed to get leave with pay for 90 days towards maternity benefit as per The maternity benefit act, 1961 sec 5. Go through the act in the below link which has details of extension of leave etc..
http://pblabour.gov.in <link fixed>
If you cant go to court. You can raise an industrial dispute at your regional labor officer. They will call the employer and advise them to reinstate you back to avoid damages.

From India, Chennai
Amit Sheth
1

Views: First know what the company policy mentions regarding Leave without Pay after Maternity leave. Secondly, whether there is written communication / official email communication regarding acceptance of your extended leave without pay. Verbal communication does not help as leave duration is longer.

rasikbhaikannan
25

Dear Malini,
What your employer has done is outright illegal. It is your rightful claim for ML more so in Pvt. Ltd. Co that too having worked 25 months. Apart from this the Government desires that in cases where the ML period is to be extended it should be done may be without pay in case you do not have leave. But ML for 3 months with pay and job after your ML are your rightful claims.
The termination is to avoid in job a mother with infants which is outright illegal. Go ahead and fight it out if required by publicizing in social media as they did in TCS case.
Best wishes

From India, Madras
Malini rajan
3

Thanks a lot Mr. Stephen, Amith and Rashikbhaikannan.

acutually i went to my maternity leave on september 2014 i am supposed to join on 16th december 2014. I went personally and gave a request in writing extension of my leave without pay. My senior informed me that Executive director of company out of country will confirm you the same. He called me and informed that leave has approved without pay. Till December 16th my office number was with me very much active and mail id was also i am using. I am supposed to rejoin on December 2015. But there is a what app msg from my senior please extended your rejoining as per CMD instruction. But i went and joined they told me sit simply not to do any work.

I told without any official communication or letter why should i need to extended, same day night i got mail stating to postpone your rejoining for few weeks until management intimate to you. after week there is a mail stating management has decided to relieve you from the service with immediate effect as per company policy one month salary. No person ready to speak they have blocked my official number i am using and mail id they change the password. informing me to give proper resignation so they will give experience letter.

Now they treat me as stranger i have send mail to my executive director regarding reason for termination, but cleverly they dint use any term termination. Neither he is not ready to answer my call or reply my mail.

Kindly give some clear idea, i am from chennai.if you could share contact number it will be good.

Thanks

Malini Rajan

From India, Chennai
runal_jagtap
U should inform this to an Court officials,, they should get punished.. i think something personnel so they dont want you to work..
But its ridiculous that they did this..
ANyways congratulations for the delivery.. U all & baby stay blessed!!!..
But you should not give resignation... dont go loose... better fight back... Complain to labour court or elsewhere... but do fight smartly...
One thing.. even if you fight & win... wats next?? will you be happy there? will they behave polite or may pressure u on work... thats apart.. but do fight!!!

From India, Mumbai
Malini rajan
3

Thanks Runal,
I don't want to work there I know they will treat me so bad, let them give compensation, they should treat employees atleast human being, they dint give continuous leave when I was pregnant but one new person joined they are behaving like this. So they haveused me as tissue paper.
I am going to complain in labour court.
Thanks
Malini

From India, Chennai
runal_jagtap
No No malini, dont ever thing that about urself, if someone is behaving bad doesnot apply that you are bad... I know its very sad but even if they are asking you to resign then just check that what is the notice period in your company..
example - IF an employee have a notice period of 3 months & if the company asks the employee to resign then the company have to pay the employee 3 months salary..
As if you are moving from that company so make sure you get all your documents , releaving letter, experience letter, form16, all documents back to you,..
Moreover dont miss the chance to collect your 3 months salary in accordance to your notice period.. This money will be usefull at this stage :) have a grt days ahead...

From India, Mumbai
Malini rajan
3

Without giving any reason one month salary compensation they transferred and they are asking me to give resignation on my own then they will provide me certificates. My question y should I need to give resignation letter. If they don't want me they told polite way termination, which means as per maternity act no employee should be harressement and tell no work for you.
If they found any mistakes on me let them keep investigation and prove it. If they re lay off y alone me .
Some politics why should I need to suffer.
I have all the rights to ask them but they are not allowing me to do so let me an through labour court.
Thanks
Malini

From India, Chennai
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