I do not agree with this suggestion. When a female employee is entitled to maternity Benefits under the ESI Scheme or under the Maternity Benefit Act, why should she volunteer to forego the same just to please her employer and maybe/maybe not, protect her job.
What the employer can do or cannot do is another matter.
Ideally an employer cannot force an employee to resign. Well, he has the option to terminate the services of an employee if he so chooses to do.
Summary termination has legal implications and the employe may well go to Court. But how many want to exercise this option ???
The main deterent is the fact if an employee takes an employer to Court, he/she jeopardises her future employment prospects.
Many employers take full advantage of such vulnerability of employees.
Vasant Nair
From India, Mumbai
90What the employer can do or cannot do is another matter.
Ideally an employer cannot force an employee to resign. Well, he has the option to terminate the services of an employee if he so chooses to do.
Summary termination has legal implications and the employe may well go to Court. But how many want to exercise this option ???
The main deterent is the fact if an employee takes an employer to Court, he/she jeopardises her future employment prospects.
Many employers take full advantage of such vulnerability of employees.
Vasant Nair
From India, Mumbai
Dear Madam
Please verify your appointment Letter, Company's authority and clauses mentioned therein for ending the employment agreement.
Employer can terminate your employment on two reasons. One is non-performance and the other one is on decipline gounds OR breach of employment agreement. For first reason, they should serve minimum two notices for you to improve the performance. For the second reason they can immediately terminate your sevice, if found guilty with valid evidences.
If you feel, Company is forcing you to resign without any valid reason,you can submit your complaint with the Labour Department of your area who will deal with the Manangement directly. Eventhen the justification is not done in your case, you can availd the help of Court of Law.
Secondly you are also entitle to avail 12 weeks Maternity Leave with wages,06 weeks before Delivery and 06 weeks after the Delivery, in addition to you balnce of leaves if any.
Best regards to all
From India, Hyderabad
Please verify your appointment Letter, Company's authority and clauses mentioned therein for ending the employment agreement.
Employer can terminate your employment on two reasons. One is non-performance and the other one is on decipline gounds OR breach of employment agreement. For first reason, they should serve minimum two notices for you to improve the performance. For the second reason they can immediately terminate your sevice, if found guilty with valid evidences.
If you feel, Company is forcing you to resign without any valid reason,you can submit your complaint with the Labour Department of your area who will deal with the Manangement directly. Eventhen the justification is not done in your case, you can availd the help of Court of Law.
Secondly you are also entitle to avail 12 weeks Maternity Leave with wages,06 weeks before Delivery and 06 weeks after the Delivery, in addition to you balnce of leaves if any.
Best regards to all
From India, Hyderabad
Dear Madam
Please verify your appointment Letter, Company's authority and clauses mentioned therein for ending the employment agreement.
Employer can terminate your employment on two reasons. One is non-performance and the other one is on decipline gounds OR breach of employment agreement. For first reason, they should serve minimum two notices for you to improve the performance. For the second reason they can immediately terminate your sevice, if found guilty with valid evidences.
If you feel, Company is forcing you to resign without any valid reason,you can submit your complaint with the Labour Department of your area who will deal with the Manangement directly. Eventhen the justification is not done in your case, you can availd the help of Court of Law.
Secondly you are also entitle to avail 12 weeks Maternity Leave with wages,06 weeks before Delivery and 06 weeks after the Delivery, in addition to you balnce of leaves if any.
Best regards to all
From India, Hyderabad
Please verify your appointment Letter, Company's authority and clauses mentioned therein for ending the employment agreement.
Employer can terminate your employment on two reasons. One is non-performance and the other one is on decipline gounds OR breach of employment agreement. For first reason, they should serve minimum two notices for you to improve the performance. For the second reason they can immediately terminate your sevice, if found guilty with valid evidences.
If you feel, Company is forcing you to resign without any valid reason,you can submit your complaint with the Labour Department of your area who will deal with the Manangement directly. Eventhen the justification is not done in your case, you can availd the help of Court of Law.
Secondly you are also entitle to avail 12 weeks Maternity Leave with wages,06 weeks before Delivery and 06 weeks after the Delivery, in addition to you balnce of leaves if any.
Best regards to all
From India, Hyderabad
Yes ! here gaurav is right that any emloyee who works under an employer should have mutual & congenial relationship but if the management asks you to resign shows their attitude towards the employee /employees.
Again even law persists for each & every event that occur but in ideal scenario you need to take up new opportunity and in mean time you continue your discussion (and not arguement) with the management.
Regards,
R.Rathina Kumar
From India, Madras
Again even law persists for each & every event that occur but in ideal scenario you need to take up new opportunity and in mean time you continue your discussion (and not arguement) with the management.
Regards,
R.Rathina Kumar
From India, Madras
But she needs to check if she really falls under labour law. Employees after reaching a certain amount of package does not fall under labour law. I am not sure of the range...will surely let everyone know once I have the details with me.
From India, Delhi
From India, Delhi
Write a letter to Labour Inspector and aslo State Human/Women rights Commission alleging the harassemetn to avoid payment of Maternity benefits.
Denying maternity benefit is a very serious matter. You will definitely get the relief.
bye
From India, Madras
Denying maternity benefit is a very serious matter. You will definitely get the relief.
bye
From India, Madras
I think we all are so much lost in our discussion that we have forgot to ask the lady "anant_us2002in" if she was able to take some decision from all these suggestions/ideas.
Dear anant_us2002in: please let us all know whatever plan of action you have finally reached on.
From India, Delhi
Dear anant_us2002in: please let us all know whatever plan of action you have finally reached on.
From India, Delhi
Dear All,
Like to share my views with all those are working with private business organizations whether smal or MNCs. One can asked any time to resign by asking "your services are no longer required by the company". It's hard to beleive or digest but these things are there & happening anywhere with any pvt. organizations. If you ask the reasons behind, the office will vey well expalin 100 defaults against you; whether any individual serving the comapny for 10 months or 10 years. There is no gain by consulting legal practitioners IF you are in management cadre.
Only thing & advice: trust in yourself and give your 100% performance while serving in pvt organizations. Its pathetic when it happens to any individuals. I am with pvt organizations since last 3 decades & thus sharing views with you.
Bottom line: Life is like that, as after dark there is sun shine always. example: ABRAHAM LINCON.
Regards
Prabir
From India, Mumbai
Like to share my views with all those are working with private business organizations whether smal or MNCs. One can asked any time to resign by asking "your services are no longer required by the company". It's hard to beleive or digest but these things are there & happening anywhere with any pvt. organizations. If you ask the reasons behind, the office will vey well expalin 100 defaults against you; whether any individual serving the comapny for 10 months or 10 years. There is no gain by consulting legal practitioners IF you are in management cadre.
Only thing & advice: trust in yourself and give your 100% performance while serving in pvt organizations. Its pathetic when it happens to any individuals. I am with pvt organizations since last 3 decades & thus sharing views with you.
Bottom line: Life is like that, as after dark there is sun shine always. example: ABRAHAM LINCON.
Regards
Prabir
From India, Mumbai
Many thanks all of u one of my colleague was suffering from same problem but it has been solved after consultation and details discussion with higher management. Regards
From India, Ahmadabad
From India, Ahmadabad
The answer to the question is the relationship you are having with
the management.
If the relationship is good, then the management will give a consideration
and give certain benefits and also give leave when the occasion arises.
So, the above question does not arise at all.
If however, the relationship is not good, then the above question arises.
In the instant case, there are two aspects
1. Forced to resign - In this case, the terminal benefits can be claimed
and is a decent way of parting with the management.
2. Termination - In this case it is difficult to claim terminal benefits.
The management will put up some case in which the final claim is very
difficult to get.
S. Padmanabhan
From India, Bangalore
the management.
If the relationship is good, then the management will give a consideration
and give certain benefits and also give leave when the occasion arises.
So, the above question does not arise at all.
If however, the relationship is not good, then the above question arises.
In the instant case, there are two aspects
1. Forced to resign - In this case, the terminal benefits can be claimed
and is a decent way of parting with the management.
2. Termination - In this case it is difficult to claim terminal benefits.
The management will put up some case in which the final claim is very
difficult to get.
S. Padmanabhan
From India, Bangalore
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