I am working with a private limited company for the last two years. As I am in my seventh month of pregnancy, I received an email from my director regarding my non-performance, not adhering to office timings, and other issues. They are asking me to resign from the company after October 31st, knowing that my delivery date is in November. Despite this, they mentioned that they do not want to lose talent like me and are interested in having me rejoin them in March 2018. What can I do in this situation, as it appears they are taking this action to avoid providing me with maternity benefits?
From India, Delhi
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From India, Delhi
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Dear Madam,
Before starting a discussion, could you please provide the following information:
- Is the ESIC Act applicable in your company?
- What is your date of joining?
- What is the industry type?
This information will help in providing a suitable answer accordingly.
Regards,
Amit
From India, Surat
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152Before starting a discussion, could you please provide the following information:
- Is the ESIC Act applicable in your company?
- What is your date of joining?
- What is the industry type?
This information will help in providing a suitable answer accordingly.
Regards,
Amit
From India, Surat
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Dear Payal,
A lot of discussion has already taken place on issues similar to yours. You may check the past threads:
https://www.citehr.com/588745-matern...sons-such.html
https://www.citehr.com/587381-compan...ng-resign.html
https://www.citehr.com/588912-matern...asking-me.html
Check the replies of the experts as well as my replies. Make an action plan on how to handle the situation. Upload the action plan here. Some seniors like me will correct it.
Thanks,
Dinesh Divekar
From India, Bangalore
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A lot of discussion has already taken place on issues similar to yours. You may check the past threads:
https://www.citehr.com/588745-matern...sons-such.html
https://www.citehr.com/587381-compan...ng-resign.html
https://www.citehr.com/588912-matern...asking-me.html
Check the replies of the experts as well as my replies. Make an action plan on how to handle the situation. Upload the action plan here. Some seniors like me will correct it.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
If your company's all-inclusive manpower is more than 10, the Maternity Benefit Act becomes applicable to it and its employees become eligible to claim and receive eligible benefits.
Have you sent an email or some sort of communication to the company about your pregnancy? If yes, please check the copy of the same in the sent items. Copy the whole page somewhere just in case. Any electronic communication is legally valid as per the Information Technology Act, 2000. If you have not intimated about pregnancy, do it at once from your employee email ID.
On one count, they say your performance is not good and on the other, they say (or you deduce?) that they don't want to lose talent like you. So much for contradiction that points to the fact that they don't want to pay you the benefit. If you have an email for the second count, it will help you.
Now if they tell you to resign, you may mention that you will be forced to lodge a complaint with the labor office of your area. That should settle the case. The labor office will be able to take the employer for both: contravening the Maternity Benefit Act. This is severely dealt with by the labor office.
From India, Mumbai
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Have you sent an email or some sort of communication to the company about your pregnancy? If yes, please check the copy of the same in the sent items. Copy the whole page somewhere just in case. Any electronic communication is legally valid as per the Information Technology Act, 2000. If you have not intimated about pregnancy, do it at once from your employee email ID.
On one count, they say your performance is not good and on the other, they say (or you deduce?) that they don't want to lose talent like you. So much for contradiction that points to the fact that they don't want to pay you the benefit. If you have an email for the second count, it will help you.
Now if they tell you to resign, you may mention that you will be forced to lodge a complaint with the labor office of your area. That should settle the case. The labor office will be able to take the employer for both: contravening the Maternity Benefit Act. This is severely dealt with by the labor office.
From India, Mumbai
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Dear Payal,
Two things can’t go parallel, one hand your management is telling of non-performance and other part telling Talented.
Do not fall in to prey of your management, considering their plea of re-joining you after the delivery. I do not see that your employer will allow you to join. Why to resign for nothing when you ae guaranteed for leave by the law of the land for the cause.
You reply the email in continuation given by your employer: [ simply state that you are pregnant of seven months. Enclose the pregnancy conformity report, doctor’s report and date of delivery].
You apply the leave on ground and proceed. The denial of leave make your employer violation of provisions granted to a pregnant lady by the law of the land.
Our community members have already guided you to follow the guidance. Still you can consult any advocate for further...................
From India, Mumbai
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Two things can’t go parallel, one hand your management is telling of non-performance and other part telling Talented.
Do not fall in to prey of your management, considering their plea of re-joining you after the delivery. I do not see that your employer will allow you to join. Why to resign for nothing when you ae guaranteed for leave by the law of the land for the cause.
You reply the email in continuation given by your employer: [ simply state that you are pregnant of seven months. Enclose the pregnancy conformity report, doctor’s report and date of delivery].
You apply the leave on ground and proceed. The denial of leave make your employer violation of provisions granted to a pregnant lady by the law of the land.
Our community members have already guided you to follow the guidance. Still you can consult any advocate for further...................
From India, Mumbai
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Dear Payal,
Now, as per ESIC norms, if your gross salary is below Rs. 21,000/- per month, the latest ESIC notification has extended maternity leave from 12 weeks to 24 weeks (6 months). If your salary is above this threshold, you can apply for medical leave immediately. First, when you meet with your employer, show them all your pregnancy reports and apply for maternity leave. Otherwise, if they do not accept, you can pursue legal action.
In any situation, do not resign. In the meantime, try to improve your performance if you are considered a non-performer.
From India, Guntur
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Now, as per ESIC norms, if your gross salary is below Rs. 21,000/- per month, the latest ESIC notification has extended maternity leave from 12 weeks to 24 weeks (6 months). If your salary is above this threshold, you can apply for medical leave immediately. First, when you meet with your employer, show them all your pregnancy reports and apply for maternity leave. Otherwise, if they do not accept, you can pursue legal action.
In any situation, do not resign. In the meantime, try to improve your performance if you are considered a non-performer.
From India, Guntur
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No issue cap for Maternity Leave-Madras High Court.pdf