sir/mam my company is forcing me to regisn as i am going to take maternity leave. is there any law to save my job and maternirty bane fit
From India, Ludhiana
From India, Ludhiana
Dear Member,
You have not disclosed in your comments above whether the unit in which you are working is covered under ESI Act, 1948 or under The Maternity Benefit Act, 1961.
I will suggest you to go through provisions of these Acts and if eligible under any of above Acts for maternity benefit, I think, the action of your employer to seek your resignation merely on the basis of claim of Maternity Benefit appears to be not in accordance with law.
Hope, in order to know your rights, you will study above Acts and ascertain your eligibility.
In you are eligible and if the employer will proceed to take any action against you, you can contact appropriate authorities as created under above Act for redressal of your grievance.
From India, Noida
923You have not disclosed in your comments above whether the unit in which you are working is covered under ESI Act, 1948 or under The Maternity Benefit Act, 1961.
I will suggest you to go through provisions of these Acts and if eligible under any of above Acts for maternity benefit, I think, the action of your employer to seek your resignation merely on the basis of claim of Maternity Benefit appears to be not in accordance with law.
Hope, in order to know your rights, you will study above Acts and ascertain your eligibility.
In you are eligible and if the employer will proceed to take any action against you, you can contact appropriate authorities as created under above Act for redressal of your grievance.
From India, Noida
Dear member,
Pl go thru attached file and u will get definitely ans. U dont need to resign in any case because no one company have right to ask resignation just because u r pregnant.
Maternity act is applicable in all org where employed 20 or more in any day of calender year.
U dont worry about ur job and if they ask for resign, go to labour office and submit one application with full details. I m sure they will help u in ur case.
From India, Mumbai
Pl go thru attached file and u will get definitely ans. U dont need to resign in any case because no one company have right to ask resignation just because u r pregnant.
Maternity act is applicable in all org where employed 20 or more in any day of calender year.
U dont worry about ur job and if they ask for resign, go to labour office and submit one application with full details. I m sure they will help u in ur case.
From India, Mumbai
Mam,
It is illegal and contrary to laws if your company is forcing you to resign from the service of the company since you will proceed for maternity leave as per laws of the land. you may lodge a complain against the employer before the appropriate forum to get full relief as per prevailing laws of land.
If you are covered under the ESI Act (assuming your gross salary is within Rs 15,000/ per month), you will avail of all facilities including maternity benefit under the said Act.
In the event your salary is exceeding Rs 15,000 / per month and you are beyond the ESI limit, then you are falling within the Maternity Benefit Act. Consequently you will get all privilege and facilities with regard to maternity leave, salary etc in accordance with Maternity Benefit Act.
Hence, you should contact secretly ESI Department / Labour Department as the case may be to know the next course of action to be taken in the matter.They will guide you properly. Please note that law is very much in your favour and you need not required to resign from the company.
Regards
Sibabrata Majumdar
Management Consultant Legal & HR
Kolkata,Mb:9830023707
From India, Calcutta
It is illegal and contrary to laws if your company is forcing you to resign from the service of the company since you will proceed for maternity leave as per laws of the land. you may lodge a complain against the employer before the appropriate forum to get full relief as per prevailing laws of land.
If you are covered under the ESI Act (assuming your gross salary is within Rs 15,000/ per month), you will avail of all facilities including maternity benefit under the said Act.
In the event your salary is exceeding Rs 15,000 / per month and you are beyond the ESI limit, then you are falling within the Maternity Benefit Act. Consequently you will get all privilege and facilities with regard to maternity leave, salary etc in accordance with Maternity Benefit Act.
Hence, you should contact secretly ESI Department / Labour Department as the case may be to know the next course of action to be taken in the matter.They will guide you properly. Please note that law is very much in your favour and you need not required to resign from the company.
Regards
Sibabrata Majumdar
Management Consultant Legal & HR
Kolkata,Mb:9830023707
From India, Calcutta
no body can force you for resign if u have already give info about ur pregnancy.
as per labour law employer have no right to force resign or turminate your service. you should file a complaint to labour office
From India, Calcutta
as per labour law employer have no right to force resign or turminate your service. you should file a complaint to labour office
From India, Calcutta
No body can force you for resign, if u have already give info about ur pregnancy.
as per labour law employer have no right to force resign or turminate your service. you should file a complaint to your nearest labour office submit one application with full details .
From India, Gurgaon
as per labour law employer have no right to force resign or turminate your service. you should file a complaint to your nearest labour office submit one application with full details .
From India, Gurgaon
Dear Sir
Now Company make such excuses like mistakes done in past by me also note i am working under Maternity Benefit Act, 1961.
I am working with organisation from last two years . Our manager Keep Copy OUR HR manager with starting mailing with blaming for for my mistakes that are already sorted out in past . That time they have not taken any step like that . But Now they putting that points on forcing me to resign . they are not writting any mail they are calling me one by one and forcing verbaly.
i have to just ask can thay take any actions on mistakes done in past .
From India, Ludhiana
Now Company make such excuses like mistakes done in past by me also note i am working under Maternity Benefit Act, 1961.
I am working with organisation from last two years . Our manager Keep Copy OUR HR manager with starting mailing with blaming for for my mistakes that are already sorted out in past . That time they have not taken any step like that . But Now they putting that points on forcing me to resign . they are not writting any mail they are calling me one by one and forcing verbaly.
i have to just ask can thay take any actions on mistakes done in past .
From India, Ludhiana
Dear There is not any connection with past mistakes with maternity leave and resign. I personally feel that contact labor office and inform them everything as possible as early. Dont worry u r in strong position now and legally u r safe. No body have right to ask resign by using ur past mistakes which are already sort out.
Keep one copy of ur appointment letter with u whenever u visit labor office.
Company cannot take any action for mistake unless it was big one and had beard big amt due to mistake. But i hope u didnt do any big mistake thru which they ask u to resign.
All the best.
From India, Mumbai
Keep one copy of ur appointment letter with u whenever u visit labor office.
Company cannot take any action for mistake unless it was big one and had beard big amt due to mistake. But i hope u didnt do any big mistake thru which they ask u to resign.
All the best.
From India, Mumbai
Dear Rita
Earlier mistakes done by you is entirely different from the Maternity Benefit you claim now. Did your management or HR Department issue any warning letter or did they initiated any disciplinary action against you. If so please keep it recorded.
Please approach the District Labour Office and explain your case elaborately. Earlier offense committed by you and which attracted the administrative or disciplinary action against you, and appraise your present scenario. He is the right person to help you in this matter.
Wish you all the best
From India, Kumbakonam
Earlier mistakes done by you is entirely different from the Maternity Benefit you claim now. Did your management or HR Department issue any warning letter or did they initiated any disciplinary action against you. If so please keep it recorded.
Please approach the District Labour Office and explain your case elaborately. Earlier offense committed by you and which attracted the administrative or disciplinary action against you, and appraise your present scenario. He is the right person to help you in this matter.
Wish you all the best
From India, Kumbakonam
Members have replied you aptly, apart from that would like to know that whether you have intimated about the Maternity to your office/company in writing duly acknowledged, if yes then do not worry nothing is going to happen do not resign.
If you have not intimated about your maternity, please do it immediately without further delay. If they force you to resign ask them to give in writing, which they can't, also for your previous mistake ask them to give you show cause notice now and you will give them the reply for that.
Please do not worry nothing is going to happen, keep cool do not tense
From India, Ahmadabad
If you have not intimated about your maternity, please do it immediately without further delay. If they force you to resign ask them to give in writing, which they can't, also for your previous mistake ask them to give you show cause notice now and you will give them the reply for that.
Please do not worry nothing is going to happen, keep cool do not tense
From India, Ahmadabad
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Maternity Leave Policy - posting.doc
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