Dear All,
I have been terminated from work before I could claim my maternity benefit. Can anyone give legal advice if I can still claim maternity benefits. I have worked in this company for 1 year and 20 days till the date of termination and I donot fall into ESI. I went through the maternity act which says, so pls advice. I have been offered 3 months basic salary in lieu of termination.
(i) wilful destruction of employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.
From India, Mumbai
I have been terminated from work before I could claim my maternity benefit. Can anyone give legal advice if I can still claim maternity benefits. I have worked in this company for 1 year and 20 days till the date of termination and I donot fall into ESI. I went through the maternity act which says, so pls advice. I have been offered 3 months basic salary in lieu of termination.
- sec 12 (2) (a), The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or 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 one or more of the following acts, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both-
(i) wilful destruction of employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.
From India, Mumbai
The matter was discussed in length earlier also. It is illegal to discharge woman worker during pregnancy. But the responsibility of proving that the motive of the employer behind such discharge was to 'deprive of' her rights under the Maternity Benefit Act lies with the employee.
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
You are eligible to get the maternity benefit as per the law. Even without ESI benefit, the act is applicable for maternity. Regards Ananda Kumar KG
From India, Madras
From India, Madras
Hi,
Surely you can covered of your ESIC Benift.As per our Govt policy, the employee who is resigned or terminated during the pregnancy, the ESIC will covered till the baby will born.
If you have any quarries in this issue. Please call my mobile # any time : 99418-39390.
Regards,
Lakshmanan M
From India, Madras
Surely you can covered of your ESIC Benift.As per our Govt policy, the employee who is resigned or terminated during the pregnancy, the ESIC will covered till the baby will born.
If you have any quarries in this issue. Please call my mobile # any time : 99418-39390.
Regards,
Lakshmanan M
From India, Madras
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Termination-emp loyment_563.pdf
Termination letter.doc