In case of wrongful termination during pregnancy, if we lodge a complaint against employer via labour office (not through a paid lawyer), how long does it take to get the final verdict. I am 4 month pregnant and hence wondering is there any obligation from Labour office end to finish the case within stipulated time or does it take years and years.
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Dear Ashscorpio,
If you file a complaint against your employer for the denial of the maternity leave, then it should be settled within a month's time. For the Labour Officer (LO), this is a small matter. Generally, their hands are full of big issues like strikes, lockouts, accidents at the workplace etc. Average LO might just give a telephone call to the employer and ask directly about the denial of the maternity leave. It may not even need a hearing from both sides.
Thanks,
Dinesh Divekar
From India, Bangalore
If you file a complaint against your employer for the denial of the maternity leave, then it should be settled within a month's time. For the Labour Officer (LO), this is a small matter. Generally, their hands are full of big issues like strikes, lockouts, accidents at the workplace etc. Average LO might just give a telephone call to the employer and ask directly about the denial of the maternity leave. It may not even need a hearing from both sides.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Ashscorpio,
In continuation of the above reply of our learned friend Mr.Dinesh, I wish to add that the complaint intended to be made to the Labor Officer against the wrongful termination of the employee during her pregnancy is probably an industrial dispute u/s 2-A(1) of the Industrial Disputes Act,1947. In such a case, as per sec.2-A(2) of the Act, if the L.O fails to dispose of the dispute expeditiously, after the expiry of 3 months from the date of raising the dispute, the workman can directly make an application to the Labor Court for adjudication; as per ss (3) of sec.2-A, any such application for adjudication should be made before the expiry of 3 years from the date of termination of employment.
From India, Salem
In continuation of the above reply of our learned friend Mr.Dinesh, I wish to add that the complaint intended to be made to the Labor Officer against the wrongful termination of the employee during her pregnancy is probably an industrial dispute u/s 2-A(1) of the Industrial Disputes Act,1947. In such a case, as per sec.2-A(2) of the Act, if the L.O fails to dispose of the dispute expeditiously, after the expiry of 3 months from the date of raising the dispute, the workman can directly make an application to the Labor Court for adjudication; as per ss (3) of sec.2-A, any such application for adjudication should be made before the expiry of 3 years from the date of termination of employment.
From India, Salem
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