dear tell us what is your total service and are you covered under ESI,so we can sugggest you in better way. tks j s malik
From India, Delhi
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174From India, Delhi
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An employer is not supposed to terminate your service on the grounds of your pregnancy. Similarly, the employer cannot put you in a hazardous occupation or a job that involves extensive traveling or mental stress. You are also eligible for 12 weeks of leave with pay. However, in the present circumstances and based on a preliminary assessment of your establishment, in order to avail of such benefits, you may have to take legal action. There are certainly recourses available under labor law. If you approach the Labor Officer, you will receive interim relief, and the officer will instruct the employer not to 'harass' you and to allow you to proceed on maternity leave in due time.
However, your decision to seek help from the labor department may be viewed very seriously by other employers. There have been instances of very harsh treatment by other employers when you seek another job even after one or two years. This may be to avoid being blacklisted, which is why many female employees choose to remain silent when treated negatively by company authorities. Therefore, consider the potential consequences carefully. It may only be my apprehension. If you believe that nothing wrong will happen to your future career, go ahead and file a complaint against the employer.
Regards,
Madhu.T.K
From India, Kannur
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However, your decision to seek help from the labor department may be viewed very seriously by other employers. There have been instances of very harsh treatment by other employers when you seek another job even after one or two years. This may be to avoid being blacklisted, which is why many female employees choose to remain silent when treated negatively by company authorities. Therefore, consider the potential consequences carefully. It may only be my apprehension. If you believe that nothing wrong will happen to your future career, go ahead and file a complaint against the employer.
Regards,
Madhu.T.K
From India, Kannur
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Dear Ramya,
Whenever there is an allegation levied against a person by anyone against another, the burden of proving that the allegation so levied is false is always on the person against whom a complaint or harassment of any kind has been levied. The onus of proving harassment is never on the victim. This principle is derived from the principle of Natural Justice, which is the source for all other legal principles.
I am completely stunned by the fact that your so-called anti-harassment committee is not aware of all this. As you have posted in an Australian forum, I assume that you are an Indian settled in Australia. Kindly do not let it go like this; kindly file a complaint for racist remarks and also for gender bias. Giving birth is a privilege that God gave only to females, and the same should be seen and addressed with complete strictness and treated with respect.
I hope with this statement in mind, you will see to it that you will teach your boss "The Hand That Rocks The Cradle Is The Hand That Rules The World."
Thank you,
Octavious
From India, Mumbai
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Whenever there is an allegation levied against a person by anyone against another, the burden of proving that the allegation so levied is false is always on the person against whom a complaint or harassment of any kind has been levied. The onus of proving harassment is never on the victim. This principle is derived from the principle of Natural Justice, which is the source for all other legal principles.
I am completely stunned by the fact that your so-called anti-harassment committee is not aware of all this. As you have posted in an Australian forum, I assume that you are an Indian settled in Australia. Kindly do not let it go like this; kindly file a complaint for racist remarks and also for gender bias. Giving birth is a privilege that God gave only to females, and the same should be seen and addressed with complete strictness and treated with respect.
I hope with this statement in mind, you will see to it that you will teach your boss "The Hand That Rocks The Cradle Is The Hand That Rules The World."
Thank you,
Octavious
From India, Mumbai
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Maternity leave is for how many days? Is it for 90 days - 45 days prior to the expected date and 45 days after the expected date? Is it applicable to all employees in the company, including the top management ladies with very high salaries? During leave, is the full salary paid even if it is very high? How much decision-making right does the person on maternity leave have in company matters?
In most countries, maternity leave duration varies, typically ranging from 12 to 26 weeks. Some countries provide longer periods, while others offer shorter durations. The specifics of maternity leave, including pay and decision-making rights, are typically governed by company policies and local labor laws. It is essential for employees to familiarize themselves with the relevant regulations and company guidelines concerning maternity leave.
From India, Mumbai
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In most countries, maternity leave duration varies, typically ranging from 12 to 26 weeks. Some countries provide longer periods, while others offer shorter durations. The specifics of maternity leave, including pay and decision-making rights, are typically governed by company policies and local labor laws. It is essential for employees to familiarize themselves with the relevant regulations and company guidelines concerning maternity leave.
From India, Mumbai
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Maternity Leave is not exactly for 90 days but it is for 12 weeks. It is not mandatory that an employee should avail 6 weeks before the date of delivery, but she can take the entire 12 weeks after delivery as well. The benefit is in the form of payment of salary, and as such, during the maternity leave days, she will be paid a salary at the rate of the salary she was receiving immediately before going on maternity leave. There is no restriction regarding salary, but the salary for any purpose shall mean basic salary + dearness allowance.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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All of us should hang our heads in shame that our female colleagues are being treated like this. Such employers try many techniques like transfer to some other site within the same city, job reallocation, etc.
I am sorry that I do not have a solution to this issue. I guess you would have already tried the informal channels like getting your husband, some seniors, to speak to your superiors. If everything else has failed you may contact the National Commission for Women (NCW), and they will provide the requisite help.
Though you should fight against such gross injustice, you should also give serious thought to moving ahead to a new employer who knows how to treat female employees as assets, at a later date.
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I am sorry that I do not have a solution to this issue. I guess you would have already tried the informal channels like getting your husband, some seniors, to speak to your superiors. If everything else has failed you may contact the National Commission for Women (NCW), and they will provide the requisite help.
Though you should fight against such gross injustice, you should also give serious thought to moving ahead to a new employer who knows how to treat female employees as assets, at a later date.
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Please raise it iin Women sexual Harrasment committee/ women welfare committee ( Statutoty committee as per the act).
From India, Bangalore
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From India, Bangalore
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I was orally communicated that I am terminated, and then they would send me a letter soon. They first asked me to take a break, quit, or take leave without pay. I said I am not quitting, so they said they would terminate me. Please suggest a course of action.
From India, Mumbai
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From India, Mumbai
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf