Are there any rules regarding layoff of pregnant employee ? Redknee India is a company that uses reasons of these kinds to save money. Can I get them to consumer court and claim a mandatory benefit like medical expenses which were supposed to be covered under the medical insurance.
From India, Pune
From India, Pune
No it is illegal to terminate services of a employee just because she is on the family way. Meanwhile do you have ESI facility. If yes, you can avail it even if you are not employed with the Company upto 3 months after exiting.
Anyhow since the company is terminating you on the grounds stated by you then you can approach the labour court for redressal.
Hope this information is helpful.
From India, Pune
95Anyhow since the company is terminating you on the grounds stated by you then you can approach the labour court for redressal.
Hope this information is helpful.
From India, Pune
Hello This thing comes under employee benefits and compensation laws provided for an employee. You should definitely take an action against such companies which follow such ill practices.
From India, Chandigarh
From India, Chandigarh
Dear Ms Sonia Basson
If you could furnish the following information regarding the employee and the employer probably I will be able to suggest the future course of action
1.Is the establishment covered by the ESI
2.Is the employee covered by ESI or outside the purview of the ESI Act as her salary/wage is more than Rs.15000
3.What is the nature of work done by the employee
4.What is the length of service of the employee with the employer
5.Was the "laying off" oral or written
6.What are the exact words used by the employer in the written order while "laying off" the employee
7.How many employees are engaged/employed by the employer?
With regards
From India, Madras
If you could furnish the following information regarding the employee and the employer probably I will be able to suggest the future course of action
1.Is the establishment covered by the ESI
2.Is the employee covered by ESI or outside the purview of the ESI Act as her salary/wage is more than Rs.15000
3.What is the nature of work done by the employee
4.What is the length of service of the employee with the employer
5.Was the "laying off" oral or written
6.What are the exact words used by the employer in the written order while "laying off" the employee
7.How many employees are engaged/employed by the employer?
With regards
From India, Madras
Hello V. Hrikrishnan This problem is not being faced by me but by the member named khanda, so the concerned person could only clear your doubts.
From India, Chandigarh
From India, Chandigarh
Dear Khanda
Yours is a case of resignation though probably against your will. It is not a case of lay off. In the case of lay off the employer-employee relationship continues to exist. As your monthly salary is more thatn Rs.15000/- you will not be covered by the provisions of the ESI Act. But from the information furnished by you it appears to me that you are covered by the provisions of the Maternity Benefit Act.However, the date of resignation(though forced) and the date of delivery are also relevant for taking a view on your eligibility to get the maternity benefit. For taking further action please contact, the Labour Inspector of the area in which the company is situate. Additionally, you can raise a dispute under the Industrial Disputes Act section 2A and try to establish through evidence before the Labour Court, that you were forced to resign because of the pregnancy. The raising of the dispute will not affect your rights under the Maternity Benefit Act.
From India, Madras
Yours is a case of resignation though probably against your will. It is not a case of lay off. In the case of lay off the employer-employee relationship continues to exist. As your monthly salary is more thatn Rs.15000/- you will not be covered by the provisions of the ESI Act. But from the information furnished by you it appears to me that you are covered by the provisions of the Maternity Benefit Act.However, the date of resignation(though forced) and the date of delivery are also relevant for taking a view on your eligibility to get the maternity benefit. For taking further action please contact, the Labour Inspector of the area in which the company is situate. Additionally, you can raise a dispute under the Industrial Disputes Act section 2A and try to establish through evidence before the Labour Court, that you were forced to resign because of the pregnancy. The raising of the dispute will not affect your rights under the Maternity Benefit Act.
From India, Madras
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Indian Labour laws.doc
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