Thanks a lot. I was afraid whether my ground is strong or not as I had no written approval, but your suggestions showed me that I have a strong ground. One thing is also in my favor, I hope, which is they have paid me for October, the month I deliver my baby. That will work as their affirmation of my maternity leave.
From India, Kolkata
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From India, Kolkata
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Dear Aditri,
Never rely on verbal communication. Neither have you submitted maternity leave application in writing nor have they sent you an official termination letter. I feel the conditions mentioned in the termination policy are not right, and this policy will only be beneficial for the company.
Please approach the nearest labor office. Request their help in this matter. You can send a letter along with all medical evidence through registered post. At the bottom of the letter, write CC to LEO, the address of the labor office. You can seek the help of an advocate for a well-drafted letter.
It may not be in your best interest to continue with that organization, but you can fight for your statutory rights, i.e., maternity benefits, gratuity, etc.
From India, Bhubaneswar
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26Never rely on verbal communication. Neither have you submitted maternity leave application in writing nor have they sent you an official termination letter. I feel the conditions mentioned in the termination policy are not right, and this policy will only be beneficial for the company.
Please approach the nearest labor office. Request their help in this matter. You can send a letter along with all medical evidence through registered post. At the bottom of the letter, write CC to LEO, the address of the labor office. You can seek the help of an advocate for a well-drafted letter.
It may not be in your best interest to continue with that organization, but you can fight for your statutory rights, i.e., maternity benefits, gratuity, etc.
From India, Bhubaneswar
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There are solutions for every problem. But the fact is that you have given them a chance to terminate by not informing of a medical condition and writing an application for leave. Anyway, for the future, remember to take due care.
From India, Pune
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From India, Pune
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There is another thing that I need to know if you can clarify. If I want to join a new organization after my maternity leave is over and until that time if I did not receive my MB claims, what should I do? I work because I need money to pay my bills, so I have to search for jobs.
From India, Kolkata
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From India, Kolkata
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Dear Madam,
You should have clarified whether your maternity leave is under the ESI Act or the 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 panic and do not, I repeat, do not resign in a huff.
2. Engage a good labor lawyer and send a 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 with legal action and follow up the same in consultation with your lawyer.
If you have to leave the job, it has to be an honorable exit after receiving all legal dues, including full ML with benefits.
Regards,
Vinayak Nagarkar HR-Consultant
From India, Mumbai
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You should have clarified whether your maternity leave is under the ESI Act or the 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 panic and do not, I repeat, do not resign in a huff.
2. Engage a good labor lawyer and send a 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 with legal action and follow up the same in consultation with your lawyer.
If you have to leave the job, it has to be an honorable exit after receiving all legal dues, including full ML with benefits.
Regards,
Vinayak Nagarkar HR-Consultant
From India, Mumbai
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Dear Aditri,
I have been following the entire discussion and conversation that is going on over the matter. The learned members have dug out the reasons.
I am sure that you are well-qualified from your postings and replies made to the queries raised by the members. It is disheartening when literate and qualified people act like illiterate and ignorant. Every day, there are advertisements on TV, electronics, and print media about the new MB Act-2017 to raise awareness among the public.
It is not useful to discuss all these occurrences after they have happened, but it is important for others to be informed. If a member is under ESI, you will have no problem; otherwise, the employer may pose challenges.
You may have made a mistake, but your employer is obligated to provide benefits under the M.B. Act and cannot terminate you. This will not happen automatically; you have to fight against the injustice done to you. Have you received any termination letter? If not, inform your HR that you are ready to resume duty as everything is in order. Be present in the office on the specified date and observe the situation.
If there are no developments from your office, you are free to seek assistance from the nearest labor office with legal representation.
From India, Mumbai
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I have been following the entire discussion and conversation that is going on over the matter. The learned members have dug out the reasons.
I am sure that you are well-qualified from your postings and replies made to the queries raised by the members. It is disheartening when literate and qualified people act like illiterate and ignorant. Every day, there are advertisements on TV, electronics, and print media about the new MB Act-2017 to raise awareness among the public.
It is not useful to discuss all these occurrences after they have happened, but it is important for others to be informed. If a member is under ESI, you will have no problem; otherwise, the employer may pose challenges.
You may have made a mistake, but your employer is obligated to provide benefits under the M.B. Act and cannot terminate you. This will not happen automatically; you have to fight against the injustice done to you. Have you received any termination letter? If not, inform your HR that you are ready to resume duty as everything is in order. Be present in the office on the specified date and observe the situation.
If there are no developments from your office, you are free to seek assistance from the nearest labor office with legal representation.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc