Dear Bhuvi,
As fellow members explained, there is no such clause of expanded notice period in Maternity Benefit Act. In Labour Laws it is clearly defined that no agreement, rule or company policy can supercede the Laws. If something is defined in Law, that has to be comply.
This behaviour is not only illegal but unethical and agst the huminity. Instead at this stage your co. should support you, so that you can take best care of your baby.
My wholehearted wishes with you to come over from the hard span of time. You can resign from the co. as per notice period only.
You have not mentioned place and your period of service. If you have completed 5 years (including the period of Maternity Leave), you are entitle for gratuity as well.
Show your family the moral support and suggestion received from the thread. This will boost up you people. Also show this to your HR dept.,
that there is a lot of expertise and moral support behind you to fight for your justice.
Since you have already got Wages with leave for the period, don't pay back any amount. They can just HOLD your one month or so (around) salary.
Here the more imp. point is to take care your baby, find suitable job and resign from the co. as per notice period/your convenience only.
The fight of your emoluments can be handled later on.
Gud luk...........
From India, Delhi
94As fellow members explained, there is no such clause of expanded notice period in Maternity Benefit Act. In Labour Laws it is clearly defined that no agreement, rule or company policy can supercede the Laws. If something is defined in Law, that has to be comply.
This behaviour is not only illegal but unethical and agst the huminity. Instead at this stage your co. should support you, so that you can take best care of your baby.
My wholehearted wishes with you to come over from the hard span of time. You can resign from the co. as per notice period only.
You have not mentioned place and your period of service. If you have completed 5 years (including the period of Maternity Leave), you are entitle for gratuity as well.
Show your family the moral support and suggestion received from the thread. This will boost up you people. Also show this to your HR dept.,
that there is a lot of expertise and moral support behind you to fight for your justice.
Since you have already got Wages with leave for the period, don't pay back any amount. They can just HOLD your one month or so (around) salary.
Here the more imp. point is to take care your baby, find suitable job and resign from the co. as per notice period/your convenience only.
The fight of your emoluments can be handled later on.
Gud luk...........
From India, Delhi
We have no details of your firm or your profile. However, my opinions in the circumstances are like this -
All our experts have given you how bad in law the stipulations of your Co. w.r.t. ML. It's obvious a young mother like you needs to nurse the new born and you deserve all the comforts and compassion during these days. Exploiting your precarious situation imposing unlawful terms & conditions is not tenable in law. Your fears and anxiety of securing a decent job closer to your home for which you need trouble free relieving from this draconian firm is understood. Fear not for this type of lawless firms and deal them ruthlessly. We are not living in uncivilized society. Law is behind us and there are mechanisms & machinery to protect from illegitimate assault on our rights.I would suggest you should issue a "show cause notice", a legal notice thru' your learned advocate to nullify this unlawful clause, failing which they should face the consequences including hefty claim for damages causing unbearable misery, mental agony etc. You may even consider involving the intervention of "Women's Commission" representatives to strengthen your cause, if need be. Hopefully better sense should prevail in the top Mmt. of your firm and try to get a smooth relieving. Meanwhile you may seek a reliable alternate job. I hope your husband is by your side always. Thinking ahead why don't you Name this Firm so that those who would join this firm will be careful and such Unlawful activities are exposed & curbed totally. All the very best.
From India, Bangalore
All our experts have given you how bad in law the stipulations of your Co. w.r.t. ML. It's obvious a young mother like you needs to nurse the new born and you deserve all the comforts and compassion during these days. Exploiting your precarious situation imposing unlawful terms & conditions is not tenable in law. Your fears and anxiety of securing a decent job closer to your home for which you need trouble free relieving from this draconian firm is understood. Fear not for this type of lawless firms and deal them ruthlessly. We are not living in uncivilized society. Law is behind us and there are mechanisms & machinery to protect from illegitimate assault on our rights.I would suggest you should issue a "show cause notice", a legal notice thru' your learned advocate to nullify this unlawful clause, failing which they should face the consequences including hefty claim for damages causing unbearable misery, mental agony etc. You may even consider involving the intervention of "Women's Commission" representatives to strengthen your cause, if need be. Hopefully better sense should prevail in the top Mmt. of your firm and try to get a smooth relieving. Meanwhile you may seek a reliable alternate job. I hope your husband is by your side always. Thinking ahead why don't you Name this Firm so that those who would join this firm will be careful and such Unlawful activities are exposed & curbed totally. All the very best.
From India, Bangalore
Hello Bhuvi,
The suggestion by Loginmiraclelogistics to involve your Local Women's Commission seems quite realistic & effective.......this step is more likely to be faster than JUST legal approach.
Suggest consider a combination of legal & Women's Commission steps seriously.
And one advantage of the Women's Commission approach is.....going by the regular media reports....that they are likely to highlight this Company to the media--in the process you would be doing a favor to other female employees [both in this & other Companies in the vicinity] who could be in similar situations.
All the Best.
Rgds,
TS
From India, Hyderabad
The suggestion by Loginmiraclelogistics to involve your Local Women's Commission seems quite realistic & effective.......this step is more likely to be faster than JUST legal approach.
Suggest consider a combination of legal & Women's Commission steps seriously.
And one advantage of the Women's Commission approach is.....going by the regular media reports....that they are likely to highlight this Company to the media--in the process you would be doing a favor to other female employees [both in this & other Companies in the vicinity] who could be in similar situations.
All the Best.
Rgds,
TS
From India, Hyderabad
Hi All,
Thanks a lot for providing your valuable suggestions. I have 1 more query. If company denies to provide me reliving & other documents I will not be able to join other company without those documents. What can I do in such a situation?
From India, New Delhi
Thanks a lot for providing your valuable suggestions. I have 1 more query. If company denies to provide me reliving & other documents I will not be able to join other company without those documents. What can I do in such a situation?
From India, New Delhi
Hello Bhuvi,
While this is always a possibility, suggest go one-step-a-time.
Usually when legal & Women's Commission steps are involved, Companies hesitate to stop the Docs--they know the consequences.......to be doubly sure, you may include the Docs too in your case.
All the Best.
Rgds,
TS
From India, Hyderabad
While this is always a possibility, suggest go one-step-a-time.
Usually when legal & Women's Commission steps are involved, Companies hesitate to stop the Docs--they know the consequences.......to be doubly sure, you may include the Docs too in your case.
All the Best.
Rgds,
TS
From India, Hyderabad
I have the follg. suggestions to you:
Have you resigned the job or not yet ! Before resigning you should write to them to delete the clauses which insists that you should work or compensate for ML you availed which is against the Maternity Act, as the Act is superior than your Terms & conditions and cannot over ride the Act. Serve the Notice period of one month with salary and obtain the relieving letter. And other F & F settlement issues have to be completed as per law. If they refuse to amend the T & C or withhold relieving letter then legal course is the only option as I already suggested. I also surprised to note this kind of compensatory work or paying back salary is unheard of in any firm so far. It's high time such unethical service conditions should be dealt with what it deserves. Also pl.better consult an advocate & proceed.
From India, Bangalore
Have you resigned the job or not yet ! Before resigning you should write to them to delete the clauses which insists that you should work or compensate for ML you availed which is against the Maternity Act, as the Act is superior than your Terms & conditions and cannot over ride the Act. Serve the Notice period of one month with salary and obtain the relieving letter. And other F & F settlement issues have to be completed as per law. If they refuse to amend the T & C or withhold relieving letter then legal course is the only option as I already suggested. I also surprised to note this kind of compensatory work or paying back salary is unheard of in any firm so far. It's high time such unethical service conditions should be dealt with what it deserves. Also pl.better consult an advocate & proceed.
From India, Bangalore
Thanks LOGINMIRACLELOGISTICS, I havenot resigned yet. I got a good job option with 25% hike. But due to fear of paying back a lump sum amount I did not accept that offer & still looking for a job with more hike. Now it seems better option to email here to remove their own clauses on ML act & side by side search for another job. Thanks again for your suggestion.
From India, New Delhi
From India, New Delhi
Referring this offer, are they insisting that you should produce the relieving letter at the time of joining ? If they don't, then that'll suit you if other things like proximity, joining time, work ethics, brand, career growth etc. are convincing.
From India, Bangalore
From India, Bangalore
Hello Bhuvi,
Why not check with the new Company where you got the Offer......just in case?
Also, while it's surely is convenient to join somewhere where Relieving Docs are not mandatory, suggest DON'T go on that path....UNLESS you are working in the present Company for a short duration.
Career Records are not just to change present jobs but also to maintain the continuity of the Career Track. You will need these records even later too whenever you change your jobs.....else you will have a gap in the career that you will need to justify.......again, like I said, is easy IF the gap is small. But if it's more than a few months, it becomes tough.
All the Best.
Rgds,
TS
From India, Hyderabad
Why not check with the new Company where you got the Offer......just in case?
Also, while it's surely is convenient to join somewhere where Relieving Docs are not mandatory, suggest DON'T go on that path....UNLESS you are working in the present Company for a short duration.
Career Records are not just to change present jobs but also to maintain the continuity of the Career Track. You will need these records even later too whenever you change your jobs.....else you will have a gap in the career that you will need to justify.......again, like I said, is easy IF the gap is small. But if it's more than a few months, it becomes tough.
All the Best.
Rgds,
TS
From India, Hyderabad
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf