had a construcitive dismissal,the privat company where i worked cited fund issues and asked me to resign even though i was pregnant had informed them.after much arguments they agreed to pay three months maternity benefit however i feel that they have violated the government laws by asking a pregnant employee to leave even though no performance issues were there ,i would have proceeded on maternity leave from jan to march which means i have lost substantial pay of almost five months at least as i just got pay for three months plus one month notice period pay.I dont want to take things far i.e courts and all what can i do ,though they made the environment so hostile when they started discussing this that given my condition i didnt want to be un der any unncessary stress and decided to leave,can i cancel my resignation and ask them to take me back?Or can i complain to the labour commisioner about this?
From India, Delhi
From India, Delhi
Since you have already submitted resignation (no matter even if they forced you to do so) immediately send a letter through registered post to the employer asking them to withdraw the resignation as state the reason why you have initially resigned. Better to get this letter drafted by a lawyer.
Once the company refused your plea, then only you can approach the labour commissioner.
This will only lead to legal proceedings. First decide what you want to do as you have stated that you "don't want to take things far i.e. courts".
From India, Kolkata
243Once the company refused your plea, then only you can approach the labour commissioner.
This will only lead to legal proceedings. First decide what you want to do as you have stated that you "don't want to take things far i.e. courts".
From India, Kolkata
Thankyou Mr Ritesh,first of all thanks a lot,secondly if need be and I don't see a resolution after dialogue then I will anyhow take up this legally. Can you pls suggest me that given the circumstances where do I stand legally ,can I send them a registered post given the fact that they relieved me I.e they didn't want to me to serve the notice period and they settled that in full and final settlement.
From India, Delhi
From India, Delhi
Dear Sasha,
Your post is confusing. You have written your post in single sentence thereby increasing its complexity. What you mean by "constructive dismissal"?
Why company told you to resign? Were you involved in misconduct? Did company issue you show cause notice? Did company conduct any enquiry?
Have you informed about your pregnancy to your employer? If yes, then how and when did you inform? On what grounds you are linking your resignation to your pregnancy?
There are so many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
Your post is confusing. You have written your post in single sentence thereby increasing its complexity. What you mean by "constructive dismissal"?
Why company told you to resign? Were you involved in misconduct? Did company issue you show cause notice? Did company conduct any enquiry?
Have you informed about your pregnancy to your employer? If yes, then how and when did you inform? On what grounds you are linking your resignation to your pregnancy?
There are so many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
Without knowing the exact content of the resignation letter and relieving letter, date of resignation as well as relieving, other communication which can prove that you were asked to resign due to your pregnancy, if any, nature and details of full and final settlement, nature of your company as well as your nature of your job etc. it will not be possible to advice further.
If possible contact a lawyer with all documents immediately. Please note that in you case time is very important. You are required to raise the dispute at the earliest. The merit of the case decreases with every passing day.
From India, Kolkata
If possible contact a lawyer with all documents immediately. Please note that in you case time is very important. You are required to raise the dispute at the earliest. The merit of the case decreases with every passing day.
From India, Kolkata
Hi Sasha,
1. You've stated reasons as Fund issues/lack of funds... If the organisation is in the closure stage, the legal proceedings will drag on as you've already stated "don't want to take things far i.e. courts". If the intention is to set a precedence to others by going legally, by all means the court and Labour Department will be in your favour only for the compensation you're eligible for. Most of us in India are always negative about our 'delays'in justive, which is not true always. Possibility is your management may come to terms with you once you initiate the show cause notice.
2. If there is nowhere written that you were asked to put down your papers.... and you've resigned the court will consider it as resignation and not termination during pregnancy(which is illegal).
3. Company has paid you for 3 months of Maternity benefit+Notice period. court will go by this. However, you're eligible for 1 more month of additional maternity benefit which is only if there are post-maternity complications with supporting documental proofs, for which the court may instruct the employer to pay you.
From India, Bangalore
1. You've stated reasons as Fund issues/lack of funds... If the organisation is in the closure stage, the legal proceedings will drag on as you've already stated "don't want to take things far i.e. courts". If the intention is to set a precedence to others by going legally, by all means the court and Labour Department will be in your favour only for the compensation you're eligible for. Most of us in India are always negative about our 'delays'in justive, which is not true always. Possibility is your management may come to terms with you once you initiate the show cause notice.
2. If there is nowhere written that you were asked to put down your papers.... and you've resigned the court will consider it as resignation and not termination during pregnancy(which is illegal).
3. Company has paid you for 3 months of Maternity benefit+Notice period. court will go by this. However, you're eligible for 1 more month of additional maternity benefit which is only if there are post-maternity complications with supporting documental proofs, for which the court may instruct the employer to pay you.
From India, Bangalore
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