Dear Seniors, A woman has joined an organization on 1st Aug 2018 and got confirmation on 1st Feb 2019. After one year of confirmation, she got pregnant on 29th march 2020 & at the same time she informed Management about her pregnancy now company has terminated her in June with the salary of June month ..
So just wanted to ask was she eligible for maternity benefits and if the company has sent termination to her does the company need to pay the Salary of Maternity periods as well. Please advise.
From India, New Delhi
2So just wanted to ask was she eligible for maternity benefits and if the company has sent termination to her does the company need to pay the Salary of Maternity periods as well. Please advise.
From India, New Delhi
She is absolutely entitled to maternity benefit i.e. salary for 182 days and her termination would be illegal. - S.K. Mittal 9319956443
From India, Faridabad
From India, Faridabad
Dear Archi,
The lady is entitled for maternity benefit from her employer as per the laws and her termination is illegal, as per the facts posted by you.
On what ground the employer terminated the lady is best known to them. The lady should lodge a complain before the authority in claim of maternity benefit as well challenge her termination.
From India, Mumbai
The lady is entitled for maternity benefit from her employer as per the laws and her termination is illegal, as per the facts posted by you.
On what ground the employer terminated the lady is best known to them. The lady should lodge a complain before the authority in claim of maternity benefit as well challenge her termination.
From India, Mumbai
Before going to labour court, go to the labour commissioner.
He will send a notice to the company and ask them to pay and reinstate the employee
If they do not respond, he can help you approach the courts on this.
But remember that the court processes are long and expensive, so be prepared for the same
Ensure if you are approaching the court include the cost of legal processes in your claim
From India, Mumbai
He will send a notice to the company and ask them to pay and reinstate the employee
If they do not respond, he can help you approach the courts on this.
But remember that the court processes are long and expensive, so be prepared for the same
Ensure if you are approaching the court include the cost of legal processes in your claim
From India, Mumbai
@Archi1993,
Termination during the maternity leave period is illegal and can be challenged in Court.
As she had fulfilled the criteria for minimum working days prior to her intimation for
maternity leave, to company she is quite eligible for maternity leave benefits from the company.
From India, Aizawl
Termination during the maternity leave period is illegal and can be challenged in Court.
As she had fulfilled the criteria for minimum working days prior to her intimation for
maternity leave, to company she is quite eligible for maternity leave benefits from the company.
From India, Aizawl
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc