Hi I need one clarification, One of my friends working as an HR and made mistakes while calculating salary for her particularly and it affects her job to continue and the employer gave termination notice for manipulating the salary and to relieve her.
Also, she is 4 months pregnant and she told that is not purposely done it is a typographical error also you can deduct but the employer not ready to accept and not continue her in the job So Is there any option to her to continue or any appeal is possible..? Suggestions please
From India, Chennai
Also, she is 4 months pregnant and she told that is not purposely done it is a typographical error also you can deduct but the employer not ready to accept and not continue her in the job So Is there any option to her to continue or any appeal is possible..? Suggestions please
From India, Chennai
Hi,
How long she is employed with that Company.
As per Maternity Benefit Act, for eligibility of maternity leave, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.
The proviso to Section 12 of the Act states 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 bonus or both. So, the employer can dismiss the woman employee even without paying the maternity benefit or bonus if it is proved that the pregnant woman has engaged in conduct which would amount to gross misconduct through written order issued to woman employee. However, it is necessary, at the same time that the opportunity to explain her position and stand against the charges the internal enquiry is completed in an impartial manner.
From India, Madras
952How long she is employed with that Company.
As per Maternity Benefit Act, for eligibility of maternity leave, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.
The proviso to Section 12 of the Act states 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 bonus or both. So, the employer can dismiss the woman employee even without paying the maternity benefit or bonus if it is proved that the pregnant woman has engaged in conduct which would amount to gross misconduct through written order issued to woman employee. However, it is necessary, at the same time that the opportunity to explain her position and stand against the charges the internal enquiry is completed in an impartial manner.
From India, Madras
Making an 'error' in your own salary working is mostly (if not always) a manipulation and fraudulent attempt to benefit ones own self. Auditors will always take that stand. In this case, it appears that mistake was only in her own salary, which is definitely suspicious. No employer will want such an employee to continue
(We have had 5 such cases in audit previously and all have been terminated with immediate effect).
Other things you have not conveyed,
- did she find out on her own and report it and offer to pay it back? or was it found by audit / management
- how did she not realise that her own salary is higher than it should have been?
- what evidence is there that she made a typo mistake?
We had this happen in our own office a month back and 2 hours after the transfer, I got a call from the employee saying that she got a higher amount and asking if we had implemented salary hikes without intimating to her. Once we confirmed it was a mistake, the money was returned in an hour (NEFT)
How you behave defines how you will be viewed in future.
Yes, your only escape path now is if you can accuse the company of not conducting domestic enquiry.
But it is a pherric victory. they will still find a way to remove you and may then decide to file a serious compliant or make it a criminal matter even. So think carefully of the strategy you will adopt.
From India, Mumbai
(We have had 5 such cases in audit previously and all have been terminated with immediate effect).
Other things you have not conveyed,
- did she find out on her own and report it and offer to pay it back? or was it found by audit / management
- how did she not realise that her own salary is higher than it should have been?
- what evidence is there that she made a typo mistake?
We had this happen in our own office a month back and 2 hours after the transfer, I got a call from the employee saying that she got a higher amount and asking if we had implemented salary hikes without intimating to her. Once we confirmed it was a mistake, the money was returned in an hour (NEFT)
How you behave defines how you will be viewed in future.
Yes, your only escape path now is if you can accuse the company of not conducting domestic enquiry.
But it is a pherric victory. they will still find a way to remove you and may then decide to file a serious compliant or make it a criminal matter even. So think carefully of the strategy you will adopt.
From India, Mumbai
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf