Hi All,
I am a software developer working in a Private Limited company with a staff of over 350 plus employees in Mumbai and I need your guidance for some of my queries.
As per our company policy we can avail maternity benefit for a leave of 3 months and then we can use our balance leaves in case we are to extend our maternity leave and the salary for maternity leave will be paid after you join and have worked consistently for 3 more months.
In my case I was on leave from 1st Dec 2013 and was to join on 1st June 2014. Now all of sudden my HR has informed me that they don't have any project for me to work on and I have been removed from my job effective from 1st March 2014 and I am not eligible for the benefits plus I have to mail them saying that I am resigning from the post.
Is this the correct procedure? Can I still avail the benefit and my 3 months full salary?
Does the company have right to override the Maternity Act 1961?
Please help me in this.
Thanks in advance to all.
From India, Mumbai
I am a software developer working in a Private Limited company with a staff of over 350 plus employees in Mumbai and I need your guidance for some of my queries.
As per our company policy we can avail maternity benefit for a leave of 3 months and then we can use our balance leaves in case we are to extend our maternity leave and the salary for maternity leave will be paid after you join and have worked consistently for 3 more months.
In my case I was on leave from 1st Dec 2013 and was to join on 1st June 2014. Now all of sudden my HR has informed me that they don't have any project for me to work on and I have been removed from my job effective from 1st March 2014 and I am not eligible for the benefits plus I have to mail them saying that I am resigning from the post.
Is this the correct procedure? Can I still avail the benefit and my 3 months full salary?
Does the company have right to override the Maternity Act 1961?
Please help me in this.
Thanks in advance to all.
From India, Mumbai
Hello Madam,
As per maternity act hey can not ask you to put your resignation.
Do not put resignation in you current organization.
Ask them to provide everything in written and contact near by labor officer for the same.
Thanking you,
Regards,
Ashish
From India, Pune
175As per maternity act hey can not ask you to put your resignation.
Do not put resignation in you current organization.
Ask them to provide everything in written and contact near by labor officer for the same.
Thanking you,
Regards,
Ashish
From India, Pune
Dear,
Please refer the below section under maternity benefits act, Your eligible for all benefits. but, dont given any resignation letter from your end.
Section -12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final.
Regards,
Tushar Swar
From India, Mumbai
Please refer the below section under maternity benefits act, Your eligible for all benefits. but, dont given any resignation letter from your end.
Section -12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final.
Regards,
Tushar Swar
From India, Mumbai
Thank you. I was adamant that I wont give the resignation letter from my end but was not sure about the maternity benefits.
Your answer helped me.
One more thing I wanted to ask was... Since my company is removing me abruptly from the job, should they also pay me my notice period salary?
Thanks in advance.
From India, Mumbai
Your answer helped me.
One more thing I wanted to ask was... Since my company is removing me abruptly from the job, should they also pay me my notice period salary?
Thanks in advance.
From India, Mumbai
Hi,
It's me again. My company HR called up yesterday and mentioned that they will be giving me my Maternity leave benefits. So that was a good news. But she also added a condition. My appraisal was due on Sept-2013, and it was done in Oct-2013 and that too after I had asked them continuously. In the appraisal letter it's written that all my arrears as per the new revised salary will be paid to me once I join in the month of June-2014 and my next appraisal will be in June-2015.
So this was ok then.
Now the conclusion she is giving me that since they are discontinuing my service from their end she will pay me the notice period salary but that will be as per my old salary and not as per my revised salary. Also, the arrears that I am supposed to get will not be given, as the appraisal letter says that all the arrears will be given after I join and the new salary will be effective from when I join.
Is this ok? Should I agree to this?
From India, Mumbai
It's me again. My company HR called up yesterday and mentioned that they will be giving me my Maternity leave benefits. So that was a good news. But she also added a condition. My appraisal was due on Sept-2013, and it was done in Oct-2013 and that too after I had asked them continuously. In the appraisal letter it's written that all my arrears as per the new revised salary will be paid to me once I join in the month of June-2014 and my next appraisal will be in June-2015.
So this was ok then.
Now the conclusion she is giving me that since they are discontinuing my service from their end she will pay me the notice period salary but that will be as per my old salary and not as per my revised salary. Also, the arrears that I am supposed to get will not be given, as the appraisal letter says that all the arrears will be given after I join and the new salary will be effective from when I join.
Is this ok? Should I agree to this?
From India, Mumbai
-Maternity benefit shall be sanctioned within 48 hrs from the submission of relevant documents.
-Dismissal of women employee while on maternity leave is unlawfull & therefore its null & void
-Leave extended after 3 months of maternity leave period cannot be considered as maternity benefit.
-If your termination intimation received by you before 01.03.2014, it is null& void under maternity act
-Co., has no rights to deny your maternity benefit (3 months salary) & it is claimable thru legal notice, failing thru
labour tribunal
-If your termination intimation received after 01.03.2014, it is null & void, as you are on regular leave, you should be
called to attend office & issued memo, conduct proper enquiry, then serve you termination letter under lawfull
cause. If your company failed to follow these procedures of dismissal, then its null & void. You can challenge it in
Labour tribunal
-If co., states it has no projects, then it cannot terminate you. It can only lay off you from service, provided the co.,
should compensate you with minimum 3 months salary
-Do not suo motto resign your service
From India, Chennai
-Dismissal of women employee while on maternity leave is unlawfull & therefore its null & void
-Leave extended after 3 months of maternity leave period cannot be considered as maternity benefit.
-If your termination intimation received by you before 01.03.2014, it is null& void under maternity act
-Co., has no rights to deny your maternity benefit (3 months salary) & it is claimable thru legal notice, failing thru
labour tribunal
-If your termination intimation received after 01.03.2014, it is null & void, as you are on regular leave, you should be
called to attend office & issued memo, conduct proper enquiry, then serve you termination letter under lawfull
cause. If your company failed to follow these procedures of dismissal, then its null & void. You can challenge it in
Labour tribunal
-If co., states it has no projects, then it cannot terminate you. It can only lay off you from service, provided the co.,
should compensate you with minimum 3 months salary
-Do not suo motto resign your service
From India, Chennai
-As per your appraisal letter Co., is suppose to pay your arrears according to your revised salary. Co., cannot escape.
-If co., accepted your leave till end of may 14, then mean while you cannot be terminated prior to termination
procedures followed ( Co., should intimate you that it is cancelling your leave after 28.02.14, then call you to work in
office, then issue of memo, enquiry etc.,)
So dont agree. You have large scope
-to receive complete maternity benefit
-not to be terminated as your on regular leave
-to receive arrears due pending asper revised salary
-to receive compensation since you can only be laid off
run soon, catch a lawyer & send them legal notice to comply within 15 days else you can claim all those. Also if your case wins after 3 years, the co., should pay salary for entire 3 years.
Advance wishes to you for winning the case
From India, Chennai
-If co., accepted your leave till end of may 14, then mean while you cannot be terminated prior to termination
procedures followed ( Co., should intimate you that it is cancelling your leave after 28.02.14, then call you to work in
office, then issue of memo, enquiry etc.,)
So dont agree. You have large scope
-to receive complete maternity benefit
-not to be terminated as your on regular leave
-to receive arrears due pending asper revised salary
-to receive compensation since you can only be laid off
run soon, catch a lawyer & send them legal notice to comply within 15 days else you can claim all those. Also if your case wins after 3 years, the co., should pay salary for entire 3 years.
Advance wishes to you for winning the case
From India, Chennai
Hello,
It's me again.I spoke to my HR regarding my compensation and all, and two days after our talk my HR called me up and said that they are not discontinuing my appointment as they have now some new projects for me to work on with. She also mailed me mentioning the same. So the good news is that I still have my job and will get my arrears after I join in May-14 and maternity benefits after I complete 3 months after joining. [She asked me to join in may instead of june :( ]
Thanks all for your support and guidance. Helped me a lot :)
From India, Mumbai
It's me again.I spoke to my HR regarding my compensation and all, and two days after our talk my HR called me up and said that they are not discontinuing my appointment as they have now some new projects for me to work on with. She also mailed me mentioning the same. So the good news is that I still have my job and will get my arrears after I join in May-14 and maternity benefits after I complete 3 months after joining. [She asked me to join in may instead of june :( ]
Thanks all for your support and guidance. Helped me a lot :)
From India, Mumbai
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Right to payment of maternity benefits.doc