Thanks a lot..i was afraid whether my ground is strong or not as i hd no written approval..bt your suggestions showed me tht i hv strong ground.one thing is also in my favour i hope,which is, they hv paid me for october,the month i deliver my baby.tht will work as their affirmation of my ML.
From India, Kolkata
From India, Kolkata
Dear Aditri,
Never relay on verbal communication. Niether you have submitted matrinity leave application in writing nor they sent you official termination letter.
I feel condition mentioned in the termination policy is not right and this policy will beneficial for the company only.
Please approach nearest labour office. Request them to help you in this matter. You can send a letter along with all medical evidence through registered post. In bottom of the letter write CC to LEO, address of labour office. You can take the help of advocate for a good draft.
It may not be good for you to continue with that organization but you can fight for your statutory right ie. maternity benefit, gratuity, etc.
From India, Bhubaneswar
26Never relay on verbal communication. Niether you have submitted matrinity leave application in writing nor they sent you official termination letter.
I feel condition mentioned in the termination policy is not right and this policy will beneficial for the company only.
Please approach nearest labour office. Request them to help you in this matter. You can send a letter along with all medical evidence through registered post. In bottom of the letter write CC to LEO, address of labour office. You can take the help of advocate for a good draft.
It may not be good for you to continue with that organization but you can fight for your statutory right ie. maternity benefit, gratuity, etc.
From India, Bhubaneswar
There are solutions for every problem.But the fact is that you have given them chance to terminate by not informing of medical condition and written application for leave.
Anyway for future remember to take due care.
From India, Pune
Anyway for future remember to take due care.
From India, Pune
There is another thing that i need to know if you can clarify,if I want to join in a new organization after my maternity leave is over and till that time if i did not recv my MB claims then what shoud I do?I work bcoz i need money to pay my bills so i have to search for jobs.
From India, Kolkata
From India, Kolkata
Dear madam,
You should have clarified whether your maternity leave is under ESI Act or M.B.Act.
Your sanction of ML by MD and subsequent telephonic communication about your termination while on ML is verbal.
The act of denial of ML and termination during the ML by the company is in blatant violation of the legal provisions and is grossly unjust. The company officials have committed grave and illegal acts against you.
But everything is done verbally. So my advice is as follows:
1. Don't get panic and do not, I repeat, do not resign in huff.
2. Engage a good labour lawyer and send suitably drafted letter putting all sequence of events factually , chronologically and demanding full maternity benefit.
3. Since the company cannot legally terminate your services, ignore all verbal communication and join duty after your ML.
If they do not allow you to rejoin, threaten them of legal action and follow up the same in consultation with your lawyer.
If you have to leave the job, it has to be honorable exit after receiving all legal dues including full ML with benefits.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
You should have clarified whether your maternity leave is under ESI Act or M.B.Act.
Your sanction of ML by MD and subsequent telephonic communication about your termination while on ML is verbal.
The act of denial of ML and termination during the ML by the company is in blatant violation of the legal provisions and is grossly unjust. The company officials have committed grave and illegal acts against you.
But everything is done verbally. So my advice is as follows:
1. Don't get panic and do not, I repeat, do not resign in huff.
2. Engage a good labour lawyer and send suitably drafted letter putting all sequence of events factually , chronologically and demanding full maternity benefit.
3. Since the company cannot legally terminate your services, ignore all verbal communication and join duty after your ML.
If they do not allow you to rejoin, threaten them of legal action and follow up the same in consultation with your lawyer.
If you have to leave the job, it has to be honorable exit after receiving all legal dues including full ML with benefits.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Aditri,
I have been following entire discussion and conversation is going on over the matter. The learned members have dig out the reasons.
I am sure that you are much qualified from your postings and reply made to the querries raised by the mebers. It gives pain when literate and qualified people act like illiterate & ignorant. Everyday to aware people there is advertisement over the matter off & on TV, electonics & print media about new MB Act-2017.
There is no use to discuss all these after happenings but having importance for others to know all about. If a member under ESI, you will have no problem or otherwise from the employer.
You may have done wrong but your employer is bound to render benefit under the M.B.Act and can not terminate.
This will not happen suomoto but you have to fight against the injustice done to you. Whether you received any letter on termination? If No.
Then inform your HR that you are in a position to resume the duty as everything is okay. You be there in office on the date see what happens.
If nothing is developed from your office front you are at liberty to approach nearest labour office with an advocate.
From India, Mumbai
I have been following entire discussion and conversation is going on over the matter. The learned members have dig out the reasons.
I am sure that you are much qualified from your postings and reply made to the querries raised by the mebers. It gives pain when literate and qualified people act like illiterate & ignorant. Everyday to aware people there is advertisement over the matter off & on TV, electonics & print media about new MB Act-2017.
There is no use to discuss all these after happenings but having importance for others to know all about. If a member under ESI, you will have no problem or otherwise from the employer.
You may have done wrong but your employer is bound to render benefit under the M.B.Act and can not terminate.
This will not happen suomoto but you have to fight against the injustice done to you. Whether you received any letter on termination? If No.
Then inform your HR that you are in a position to resume the duty as everything is okay. You be there in office on the date see what happens.
If nothing is developed from your office front you are at liberty to approach nearest labour office with an advocate.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc