Dear
If you can produce a Medical Certificate and make a sincere convincing appeal the Management will defenitely consider your plea and waive the Notice period. As informed in the posts payment of Maternity Benefit may not arise.
Normally in cases of detection of pregnancy post recruitment some employers force the women employee to resign.In such case you can consider it to be a case of forced resignation and violation of the human rights of motherhood .You can file a complaint with the National Womens Commision.
rajanassociates
From India, Bangalore
50If you can produce a Medical Certificate and make a sincere convincing appeal the Management will defenitely consider your plea and waive the Notice period. As informed in the posts payment of Maternity Benefit may not arise.
Normally in cases of detection of pregnancy post recruitment some employers force the women employee to resign.In such case you can consider it to be a case of forced resignation and violation of the human rights of motherhood .You can file a complaint with the National Womens Commision.
rajanassociates
From India, Bangalore
Rajan,
I don't think going to court or human right commission, etc is going to make a difference. Will She be able to spend time following the complain (physically present) ? The employer will definately refuse to weive anything after that. And a signed resignation letter is a strong evidence that is difficult to refute
From India, Mumbai
I don't think going to court or human right commission, etc is going to make a difference. Will She be able to spend time following the complain (physically present) ? The employer will definately refuse to weive anything after that. And a signed resignation letter is a strong evidence that is difficult to refute
From India, Mumbai
Dear all,
Thank you for your valuable reply...
Let me tell you the clear case...
She was there with the company for 1o months...
She has left the job when she heard from the doctor that she has to be on bed rest for minimum of 40days as there is a complication in her pregnancy .......that time she was only one month pregnant....
So,she send her resignation by mail to her boss...which has not accepted so far....she hasn't get any acceptance letter from her employer...when she send the resignation letter that was 28th days of that month....
She hasn't serve any notice period......She had sent an instant resignation letter for the safety of her baby and for her health too...
Now for her... its an one year old incidence...
Now her health is good and baby is also fine....
She wants to apply her PF and salary.....
Suggest me whether she has to pay the amount 3 months notice period to get her experience letter and her 28days salary and PF.....
Thanks...
From India, Madras
Thank you for your valuable reply...
Let me tell you the clear case...
She was there with the company for 1o months...
She has left the job when she heard from the doctor that she has to be on bed rest for minimum of 40days as there is a complication in her pregnancy .......that time she was only one month pregnant....
So,she send her resignation by mail to her boss...which has not accepted so far....she hasn't get any acceptance letter from her employer...when she send the resignation letter that was 28th days of that month....
She hasn't serve any notice period......She had sent an instant resignation letter for the safety of her baby and for her health too...
Now for her... its an one year old incidence...
Now her health is good and baby is also fine....
She wants to apply her PF and salary.....
Suggest me whether she has to pay the amount 3 months notice period to get her experience letter and her 28days salary and PF.....
Thanks...
From India, Madras
- A classic case of miscommunication and providing insufficient information. This has become very common on citehr.
- Had you provided this information in your first post itself, you would have not wasted time and efforts of other citehr members.
- It appears to me that, after resignation email there was a studied silence from both the parties and now after successful pregnancy, childbirth and gap of one year, your friend wants relieving letter.
- As mentioned in a post she was advised 40 days bed rest, so probably she could have served some notice period after 40 days, if not all 3 months to make her case some what arguable. If at all it was not at all possible to serve notice period, she should have applied for waiver of notice period then, supported by doctor's recommendations and reports.
- Now employer may insist for notice pay and then only will issue a relieving letter, since your friend's case is not very strong. But chances are there that, employer may wave-off notice period in case facts and circumstances are put forth convincingly. So approach employer (right authority) and give it a try.
- Getting PF withdrawal is easy. Just submit filled withdrawal forms to employer and need to do little follow-up.
From India, Pune
Dear Mr. Debojit,
Salary is Salary whether you pay it thru cash, or voucher or DD or Cheque or thru pay sheet. These are internal issues more related to Accounting and not at all related to subject of the thread. You are unnecessarily creating confusion by raising such points.
From India, Pune
Salary is Salary whether you pay it thru cash, or voucher or DD or Cheque or thru pay sheet. These are internal issues more related to Accounting and not at all related to subject of the thread. You are unnecessarily creating confusion by raising such points.
From India, Pune
Hi,
There are two difference issues clubbed together in this issue.
The first one is Maternity Leave. All those who are not covered under ESI or are to be covered under this act and they are eligible to get all the benefits as per the provisions of the same.
The second one is the Notice pay norms of the Company where she was employed. One has to fulfill the employment norms unless otherwise she has valid reasons such as Maternity Leave or Leave with or without pay on medical grounds etc.,
But when she is entitled to avail the benefits as per Act, why she has submitted her resignation is a mystery. She is elgible to avail the benefits for 12 weeks (6 weeks prior to the date of delivery and 6 weeks after the delivery).
Here again, it is not clearl whether she was within the entitled period.
Regards
Balamurugan Sivaprakasam
Head- HR, ICIL- MM Nagar
From India, Madras
There are two difference issues clubbed together in this issue.
The first one is Maternity Leave. All those who are not covered under ESI or are to be covered under this act and they are eligible to get all the benefits as per the provisions of the same.
The second one is the Notice pay norms of the Company where she was employed. One has to fulfill the employment norms unless otherwise she has valid reasons such as Maternity Leave or Leave with or without pay on medical grounds etc.,
But when she is entitled to avail the benefits as per Act, why she has submitted her resignation is a mystery. She is elgible to avail the benefits for 12 weeks (6 weeks prior to the date of delivery and 6 weeks after the delivery).
Here again, it is not clearl whether she was within the entitled period.
Regards
Balamurugan Sivaprakasam
Head- HR, ICIL- MM Nagar
From India, Madras
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