Dear Anonymous,
We do not know the facts of the case completely. Therefore, it would be unfair to give a recommendation that the poster should put up an application directly to the Minister of External Affairs, Ms. Sushma Swaraj. Unless the routine administrative procedure is followed, it would not be a fair approach directly to the Foreign Minister level. India is a democratic country where the rule of law and the principle of natural justice are followed. In case of violations, the Government of India has created mechanisms for redressal. Therefore, what happens in some kingdom or where the military rules need not be recommended in this forum.
Thanks,
Dinesh Divekar
From India, Bangalore
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8032We do not know the facts of the case completely. Therefore, it would be unfair to give a recommendation that the poster should put up an application directly to the Minister of External Affairs, Ms. Sushma Swaraj. Unless the routine administrative procedure is followed, it would not be a fair approach directly to the Foreign Minister level. India is a democratic country where the rule of law and the principle of natural justice are followed. In case of violations, the Government of India has created mechanisms for redressal. Therefore, what happens in some kingdom or where the military rules need not be recommended in this forum.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Mr. Dinesh Divekar,
I have addressed the organization regarding the settlement of such labor issues. We have contacted the Embassy and have tried to follow all the procedures, but unfortunately, there has been no result. They are unwilling to provide any compensation unless it is explicitly mentioned in our labor contract, which they should honor. I believe my dismissal is unjust, especially considering my dedicated work of 4 years, the appreciation received from all the Ambassadors during this time, and my promotion to the position of Senior Interpreter.
Thank you for your comments!
Best regards,
Feya
From Kyrgyzstan, Bishkek
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I have addressed the organization regarding the settlement of such labor issues. We have contacted the Embassy and have tried to follow all the procedures, but unfortunately, there has been no result. They are unwilling to provide any compensation unless it is explicitly mentioned in our labor contract, which they should honor. I believe my dismissal is unjust, especially considering my dedicated work of 4 years, the appreciation received from all the Ambassadors during this time, and my promotion to the position of Senior Interpreter.
Thank you for your comments!
Best regards,
Feya
From Kyrgyzstan, Bishkek
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Dear Mr. Dinesh,
I have given the advice with total responsibility. As an office bearer of an NRI association, I am aware of many such cases coming up in the embassies. This brings a bad name to the country just because someone does not follow the rule of law. This happens because in the embassies, they do not have an HR department. All hiring is done in an ad hoc manner by the reporting boss, and the firing also happens by the reporting boss. As an office bearer of the India Club, I have taken up the issue with the embassy many times. But, the response was that they will look into it. Finally, when 3 cases came up where the embassy did not respond, we, the members of India Club, helped them draft appropriate petitions to the ministers concerned. One was a similar case of maternity leave. The fastest response came from Ms. Sushma Swaraj. Mr. Manohar Parrikar acted within a week, and Mr. Jaitley took about 15 days.
Unlike the Middle East, USA, or UK, in the countries that we live in, there are small sets of NRIs, and the diaspora is hit very hard when the locals are treated badly or victimized. The local employees of embassies knock on the doors of the expat associations of that country for help and support. Embassies respond to the associations. However, there are a few hot-headed swags who come through political appointments and not through the proper process who behave in such a bad manner. To give you an example, the gardener and two sweepers of the Indian embassy are Indians related to a powerful MP. They don't work but enjoy the perks, which include free education for their children in international schools. The embassy building in the country that I live in is a masterpiece of art designed by the famous Charles Correa. However, it's an eyesore on the avenue that it's located on because it's very badly maintained and not even swept or cleaned. We have taken it up with the embassy. But, no one has the guts to bell the cat from the embassy, lest they will be shifted to Afghanistan or Iraq or some other dangerous location. And the embassy is unable to recruit local sweepers and gardeners since the manpower is filled, and there is no vacancy.
So, I know what I am recommending and am doing so in all earnestness.
From United+States, San+Francisco
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I have given the advice with total responsibility. As an office bearer of an NRI association, I am aware of many such cases coming up in the embassies. This brings a bad name to the country just because someone does not follow the rule of law. This happens because in the embassies, they do not have an HR department. All hiring is done in an ad hoc manner by the reporting boss, and the firing also happens by the reporting boss. As an office bearer of the India Club, I have taken up the issue with the embassy many times. But, the response was that they will look into it. Finally, when 3 cases came up where the embassy did not respond, we, the members of India Club, helped them draft appropriate petitions to the ministers concerned. One was a similar case of maternity leave. The fastest response came from Ms. Sushma Swaraj. Mr. Manohar Parrikar acted within a week, and Mr. Jaitley took about 15 days.
Unlike the Middle East, USA, or UK, in the countries that we live in, there are small sets of NRIs, and the diaspora is hit very hard when the locals are treated badly or victimized. The local employees of embassies knock on the doors of the expat associations of that country for help and support. Embassies respond to the associations. However, there are a few hot-headed swags who come through political appointments and not through the proper process who behave in such a bad manner. To give you an example, the gardener and two sweepers of the Indian embassy are Indians related to a powerful MP. They don't work but enjoy the perks, which include free education for their children in international schools. The embassy building in the country that I live in is a masterpiece of art designed by the famous Charles Correa. However, it's an eyesore on the avenue that it's located on because it's very badly maintained and not even swept or cleaned. We have taken it up with the embassy. But, no one has the guts to bell the cat from the embassy, lest they will be shifted to Afghanistan or Iraq or some other dangerous location. And the embassy is unable to recruit local sweepers and gardeners since the manpower is filled, and there is no vacancy.
So, I know what I am recommending and am doing so in all earnestness.
From United+States, San+Francisco
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Dear Dinesh Divekar ji,
I may submit that the initiator of this thread has mentioned that she was employed on a contract basis. This clearly shows that she is not a central government employee. As per Rule 42 of the CCS (Leave) Rules, 1972, 180 days of maternity leave is admissible to a female "Government servant." As per Rule 2(h) of the said Rules, these rules are not applicable in respect of persons engaged on a contract basis. Therefore, the initiator of this thread, in my opinion, is entitled to maternity leave only under the Maternity Benefit Act, 1961 (for 12 weeks as per section 5(3) of the said Act) and that too on the basis of various judgments of the honorable Supreme Court of India. Some of the judgments were earlier also discussed in some other threads on CiteHR; the online link is mentioned as follows:
https://www.citehr.com/528640-matern...-employee.html
Online link of the CCS (Leave) Rules, 1972 is also mentioned as follows for the kind consideration of members:
http://persmin.gov.in/DOPT/Employees...eave_rules.pdf
Furthermore, the initiator of this thread has commented and informed that she "was sent an order of dismissal." In this connection, I may submit that the term "dismissal" is generally associated with regular employees, charge sheets, departmental inquiries, orders of the disciplinary authorities, etc. Such departmental actions are hardly resorted to against a person or employee engaged "on a contract basis." As per the practice followed, persons engaged on a casual or contract basis are simply terminated without assigning any reasons as generally mentioned in their terms of contract and employment. I feel that there appears to be some doubt about the facts mentioned by the initiator of this thread, particularly the word used "dismissed." As far as I understand, there is a vast difference between the words "termination" and "dismissal" of an employee, whether regular or engaged on a contract basis.
I hope, Dinesh Divekar ji, seniors, and experts will like to see my remarks as above and correct me if I am wrong in any aspect.
From India, Noida
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I may submit that the initiator of this thread has mentioned that she was employed on a contract basis. This clearly shows that she is not a central government employee. As per Rule 42 of the CCS (Leave) Rules, 1972, 180 days of maternity leave is admissible to a female "Government servant." As per Rule 2(h) of the said Rules, these rules are not applicable in respect of persons engaged on a contract basis. Therefore, the initiator of this thread, in my opinion, is entitled to maternity leave only under the Maternity Benefit Act, 1961 (for 12 weeks as per section 5(3) of the said Act) and that too on the basis of various judgments of the honorable Supreme Court of India. Some of the judgments were earlier also discussed in some other threads on CiteHR; the online link is mentioned as follows:
https://www.citehr.com/528640-matern...-employee.html
Online link of the CCS (Leave) Rules, 1972 is also mentioned as follows for the kind consideration of members:
http://persmin.gov.in/DOPT/Employees...eave_rules.pdf
Furthermore, the initiator of this thread has commented and informed that she "was sent an order of dismissal." In this connection, I may submit that the term "dismissal" is generally associated with regular employees, charge sheets, departmental inquiries, orders of the disciplinary authorities, etc. Such departmental actions are hardly resorted to against a person or employee engaged "on a contract basis." As per the practice followed, persons engaged on a casual or contract basis are simply terminated without assigning any reasons as generally mentioned in their terms of contract and employment. I feel that there appears to be some doubt about the facts mentioned by the initiator of this thread, particularly the word used "dismissed." As far as I understand, there is a vast difference between the words "termination" and "dismissal" of an employee, whether regular or engaged on a contract basis.
I hope, Dinesh Divekar ji, seniors, and experts will like to see my remarks as above and correct me if I am wrong in any aspect.
From India, Noida
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Dear all,
I received an order of dismissal, which is true. Before my maternity leave, the Embassy informed me that I was entitled to 3 months of paid maternity leave, with the remaining period being unpaid. I was also told that I could rejoin the Mission at a time suitable for me. However, at the end of the 3rd month, I received a dismissal order. Furthermore, the order stated that I was dismissed as a Junior Interpreter, not as a Senior one. My explanations, supported by a medical certificate, were not taken seriously by anyone. It was only after I sought assistance from a local organization for dispute resolution that the Embassy contacted me. I have not yet been paid for my 3rd month of maternity leave. Additionally, I have not received a one-month compensation as indicated in my employment contract in case of termination.
From Kyrgyzstan, Bishkek
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I received an order of dismissal, which is true. Before my maternity leave, the Embassy informed me that I was entitled to 3 months of paid maternity leave, with the remaining period being unpaid. I was also told that I could rejoin the Mission at a time suitable for me. However, at the end of the 3rd month, I received a dismissal order. Furthermore, the order stated that I was dismissed as a Junior Interpreter, not as a Senior one. My explanations, supported by a medical certificate, were not taken seriously by anyone. It was only after I sought assistance from a local organization for dispute resolution that the Embassy contacted me. I have not yet been paid for my 3rd month of maternity leave. Additionally, I have not received a one-month compensation as indicated in my employment contract in case of termination.
From Kyrgyzstan, Bishkek
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The discussion reveals a shocking state of affairs. It appears that, though we, as a nation, profess to be governed by law, we are prone to reduce the concept to be an excuse rather than a path to right action!
From India, Kochi
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From India, Kochi
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Dear Mr. ANONYMOUS,
Thank you once more for all your previous comments. According to your advice, we addressed H. E. Sushma Swaraj 10 days ago. Unfortunately, we have not received any reply yet, and the issue remains unresolved. I would be grateful if you could recommend other possible and effective ways of settling this case.
Respectfully,
Feya
From Kyrgyzstan, Bishkek
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Thank you once more for all your previous comments. According to your advice, we addressed H. E. Sushma Swaraj 10 days ago. Unfortunately, we have not received any reply yet, and the issue remains unresolved. I would be grateful if you could recommend other possible and effective ways of settling this case.
Respectfully,
Feya
From Kyrgyzstan, Bishkek
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