Law provides for certain safeguards to women who are pregnant and for period prior to, during and after delivery.
Termination of an employee during pregnancy will in most cases fall foul of law.
Try and speak/write to Company HR and higher ups above HR level
If company does not want to follow law, then employee has no option but to approach Labour Commissioner of the are and submit her complaint.
Take considered actions in writing and company will not be able to do illegal acts.
From India, Pune
3131Termination of an employee during pregnancy will in most cases fall foul of law.
Try and speak/write to Company HR and higher ups above HR level
If company does not want to follow law, then employee has no option but to approach Labour Commissioner of the are and submit her complaint.
Take considered actions in writing and company will not be able to do illegal acts.
From India, Pune
@Rakeshji : At present we have informed the company through Form E along with the maternity home discharge note. The 26 weeks period will be over around 1st March 2018. We are waiting for the reply in writing for termination and non-acceptance of maternity leave . Once the 26 weeks leave period is over , My DIL will resume on duty and then only the picture will be clear. If we approach the authority right now , the company can always turn back from its stand and can say that they will clear the dues only after resuming. So we are taking the stand of wait and watch
From India, Mumbai
From India, Mumbai
Can the company say that their rule is to grant 3 months maternity leave and they will not give 26 weeks maternity leave. The company is also not ready to give any explanation in writing or email
From India, Mumbai
From India, Mumbai
Hi,
Recently I have availed 6 month maternity leave.
Delivered baby on 2nd March, 2017. From that day only I was on leave.
Yes , when something new and first time happens there is lot of tension and brainstorming.Especially in the companies where things are not very much documented.
Simple steps is to inform employer with discharge sheets.
If they are giving 3 months leave they have to pay has per amended act for 26 weeks.
No employer can terminate or issue transfer letter if any employee is in maternity leave.
So, just ask them to send termination letter.
May be till now issue might be resolved.
stay blessed
Gunjan
From India, Delhi
Recently I have availed 6 month maternity leave.
Delivered baby on 2nd March, 2017. From that day only I was on leave.
Yes , when something new and first time happens there is lot of tension and brainstorming.Especially in the companies where things are not very much documented.
Simple steps is to inform employer with discharge sheets.
If they are giving 3 months leave they have to pay has per amended act for 26 weeks.
No employer can terminate or issue transfer letter if any employee is in maternity leave.
So, just ask them to send termination letter.
May be till now issue might be resolved.
stay blessed
Gunjan
From India, Delhi
Thanks Gunjanji.
The company is not ready to issue the termination letter. Because they must be knowing the consequences. They are insisting and forcing to accept the 3 months leave salary as maternity benefit and termination if you want the releaving letter and experiance certificate.
The problem is that in case if we take up the matter with the competent authority (Commissioner of labour) the company will not give the releaving letter and experiance certificate. Also the case will prolong at least for a year. This will makes it very difficult to get another job because without the releaving certificate of the earlier company, no company will hire you.
Also needs to know whether such complaints are acceptable with women commission.
From India, Mumbai
The company is not ready to issue the termination letter. Because they must be knowing the consequences. They are insisting and forcing to accept the 3 months leave salary as maternity benefit and termination if you want the releaving letter and experiance certificate.
The problem is that in case if we take up the matter with the competent authority (Commissioner of labour) the company will not give the releaving letter and experiance certificate. Also the case will prolong at least for a year. This will makes it very difficult to get another job because without the releaving certificate of the earlier company, no company will hire you.
Also needs to know whether such complaints are acceptable with women commission.
From India, Mumbai
Yes, they will not give anything in written.
My suggestion is please don't accept less salary.Just proceed with Labour Commission.
Same cases quick decision I have seen.
For Women Commission, someone else will be able to guide better.
For Experience Letter don't worry much.
All the best!!
From India, Delhi
My suggestion is please don't accept less salary.Just proceed with Labour Commission.
Same cases quick decision I have seen.
For Women Commission, someone else will be able to guide better.
For Experience Letter don't worry much.
All the best!!
From India, Delhi
Dear Deepak Nayak,
Let the period of leaves of 26 weeks be over and ask your daughter-in-law to report back. Till that time do not pursue any legal action. Keep a note of all communication happening with the company and if possible if the communication of termination is happening via telephone or a mobile call then keep recording of it safe state.
Once she reports back to office then write a note to them for clearance of leave payments as per maternity benefit act 1961. Once submitted, wait for response and accordingly move further. If you need any assistance in this regards, then you may call me anytime.
Let's be very clear that the company has no good intentions to pay and has not ethical practices being followed there. So in such companies, working or making a career for oneself is not of worth. But we need to screw down such employers. Be ready for a long fight. We are with you, call anytime on my below numbers provided.
From India, New Delhi
Let the period of leaves of 26 weeks be over and ask your daughter-in-law to report back. Till that time do not pursue any legal action. Keep a note of all communication happening with the company and if possible if the communication of termination is happening via telephone or a mobile call then keep recording of it safe state.
Once she reports back to office then write a note to them for clearance of leave payments as per maternity benefit act 1961. Once submitted, wait for response and accordingly move further. If you need any assistance in this regards, then you may call me anytime.
Let's be very clear that the company has no good intentions to pay and has not ethical practices being followed there. So in such companies, working or making a career for oneself is not of worth. But we need to screw down such employers. Be ready for a long fight. We are with you, call anytime on my below numbers provided.
From India, New Delhi
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