Dear Friend,
Good question. You will appreciate that the labor laws are mostly made favoring the working-class employees and not the management. The working days in a month are considered as 26. Hence, the final calculation is made on the basis of 26 and not 30.
Regards,
bkmohanty
From India, Bhubaneswar
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21Good question. You will appreciate that the labor laws are mostly made favoring the working-class employees and not the management. The working days in a month are considered as 26. Hence, the final calculation is made on the basis of 26 and not 30.
Regards,
bkmohanty
From India, Bhubaneswar
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Hi, thanks for the comments, and I also agree with you about such practices, except for a few genuine cases due to medical exigencies.
The maternity leaves given are as per the rules of 84 days in our company also, but we were abiding by the rules of not terminating an employee during the maternity period, so we had to wait. She was also undergoing a high-risk pregnancy period, so we gave her an extended leave in which she was on leave without pay. In September, we paid her maternity benefit. She is not covered under PF in her salary.
So, I guess our decision of considering her DOJ till LWD is good.
Thanks for your guidance.
Regards,
Rucha
From India, Ahmadabad
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The maternity leaves given are as per the rules of 84 days in our company also, but we were abiding by the rules of not terminating an employee during the maternity period, so we had to wait. She was also undergoing a high-risk pregnancy period, so we gave her an extended leave in which she was on leave without pay. In September, we paid her maternity benefit. She is not covered under PF in her salary.
So, I guess our decision of considering her DOJ till LWD is good.
Thanks for your guidance.
Regards,
Rucha
From India, Ahmadabad
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4 Sundays are there in the month and while calculating gratuity only working days are considered i.e 26 and not 30 days Dilaila
From India, Mumbai
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From India, Mumbai
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Dear Rucha,
An HR professional is supposed to be fair and impartial. Such problems arise when there is prejudice or malevolent intent, complicating simple issues.
An impression has been created that the pregnant female employee has taken undue advantage of the Maternity Benefit Act. The intrusion of this fact, along with queries and doubts on the Maternity Benefit Act 1961, has clouded the real issue.
Secondly, you have stated at one place that:
"She is not covered under PF in her Salary."
Under what circumstances? When one lets their mind be occupied and clouded with extraneous factors and a hostile attitude towards employees, such issues crop up, complicating simple matters.
What is the basic issue here? It's about gratuity - and what should be the service period considered for the payment of gratuity?
Right? How is the service period taken into account? From the date of joining to the termination (or cessation) of service. She joined in Sep 2006 - so there is no dispute on that.
When did she leave the service? Is it not that it was upon her submitting her resignation? In that case, HOW CAN her service be considered to have ended on her LWD (Last Working Day)? Was she not granted Maternity Leave as per the provision of the Act? And was this leave after her "Last Working Day"? Did she not extend her leave subsequently?
Does a company extend leave to NON-EMPLOYEES? So was she not an employee post her Last Working Day?
When one thinks of the answers to these questions in a DISPASSIONATE way, i.e., without any prejudice or ill-feelings, the answers will come in a flash, and there will be no confusion or ambiguity.
The date of cessation of employment is to be considered as Dec. 2012 when the employee resigned (and hopefully acceptance and follow-up done by the company).
Moreover, since she had worked for more than 240 days in the year, it should be considered as a COMPLETED YEAR of service for the purpose of Gratuity. (See Sec. 2 A - Continuous Service of the Payment of Gratuity Act 1972)
It's unfortunate that such Social Security enactments are not being dealt with the sensitivity they deserve, especially when it's expected that there should be no gender bias from same-gender HR professionals. We should understand that, apart from Medical complications, in these days of the nuclear family, it's difficult for a working mother to re-join duties and leave her infant child. Moreover, availing Maternity Benefits as ensured by the Act should not be treated as misconduct or with any stigma; and the decision to resign should also be understood and respected.
Warm regards.
From India, Delhi
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An HR professional is supposed to be fair and impartial. Such problems arise when there is prejudice or malevolent intent, complicating simple issues.
An impression has been created that the pregnant female employee has taken undue advantage of the Maternity Benefit Act. The intrusion of this fact, along with queries and doubts on the Maternity Benefit Act 1961, has clouded the real issue.
Secondly, you have stated at one place that:
"She is not covered under PF in her Salary."
Under what circumstances? When one lets their mind be occupied and clouded with extraneous factors and a hostile attitude towards employees, such issues crop up, complicating simple matters.
What is the basic issue here? It's about gratuity - and what should be the service period considered for the payment of gratuity?
Right? How is the service period taken into account? From the date of joining to the termination (or cessation) of service. She joined in Sep 2006 - so there is no dispute on that.
When did she leave the service? Is it not that it was upon her submitting her resignation? In that case, HOW CAN her service be considered to have ended on her LWD (Last Working Day)? Was she not granted Maternity Leave as per the provision of the Act? And was this leave after her "Last Working Day"? Did she not extend her leave subsequently?
Does a company extend leave to NON-EMPLOYEES? So was she not an employee post her Last Working Day?
When one thinks of the answers to these questions in a DISPASSIONATE way, i.e., without any prejudice or ill-feelings, the answers will come in a flash, and there will be no confusion or ambiguity.
The date of cessation of employment is to be considered as Dec. 2012 when the employee resigned (and hopefully acceptance and follow-up done by the company).
Moreover, since she had worked for more than 240 days in the year, it should be considered as a COMPLETED YEAR of service for the purpose of Gratuity. (See Sec. 2 A - Continuous Service of the Payment of Gratuity Act 1972)
It's unfortunate that such Social Security enactments are not being dealt with the sensitivity they deserve, especially when it's expected that there should be no gender bias from same-gender HR professionals. We should understand that, apart from Medical complications, in these days of the nuclear family, it's difficult for a working mother to re-join duties and leave her infant child. Moreover, availing Maternity Benefits as ensured by the Act should not be treated as misconduct or with any stigma; and the decision to resign should also be understood and respected.
Warm regards.
From India, Delhi
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Hi Rucha,
If she had a high-risk pregnancy, surely she was advised to rest, right?
As mentioned earlier, let us consider each case separately. While there may be other cases, let us focus on this particular one.
A woman who is pregnant and experiencing a high-risk pregnancy may not be able to care for herself properly, as she may be on medication and physically weaker compared to other pregnant women. It's important to understand why the pregnancy was considered risky.
I still wonder if we can explore options to reduce resignations post-maternity leave for various reasons. In her case, I would suggest the following:
As the HR representative, request the woman to provide her gynecologist's certificate stating her condition and request the management to give her situation due consideration.
Additionally, it's important to note that during a high-risk pregnancy, the baby may also be at risk. Different medications during pregnancy can have side effects on the newborn. I mention this because I have closely observed a high-risk pregnancy in my family, and both the mother and child still experience some side effects.
Handle this case separately.
Furthermore, the duties of HR are never just black and white; they are often in a gray area. This is not because we want to show favoritism but because we must consider the emotions and feelings of each individual.
While we must adhere to rules and regulations, it is also our responsibility to ensure our colleagues are content and satisfied with the agreements they have made.
Best regards,
Rucha
From India, Mumbai
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If she had a high-risk pregnancy, surely she was advised to rest, right?
As mentioned earlier, let us consider each case separately. While there may be other cases, let us focus on this particular one.
A woman who is pregnant and experiencing a high-risk pregnancy may not be able to care for herself properly, as she may be on medication and physically weaker compared to other pregnant women. It's important to understand why the pregnancy was considered risky.
I still wonder if we can explore options to reduce resignations post-maternity leave for various reasons. In her case, I would suggest the following:
As the HR representative, request the woman to provide her gynecologist's certificate stating her condition and request the management to give her situation due consideration.
Additionally, it's important to note that during a high-risk pregnancy, the baby may also be at risk. Different medications during pregnancy can have side effects on the newborn. I mention this because I have closely observed a high-risk pregnancy in my family, and both the mother and child still experience some side effects.
Handle this case separately.
Furthermore, the duties of HR are never just black and white; they are often in a gray area. This is not because we want to show favoritism but because we must consider the emotions and feelings of each individual.
While we must adhere to rules and regulations, it is also our responsibility to ensure our colleagues are content and satisfied with the agreements they have made.
Best regards,
Rucha
From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf