Adv. Manoj Liyonzon
Lawyer, Chennai
Arpnmeet@gmail.com
Sr.hr Executive
Pon1965
Construction
+2 Others

Thread Started by #rashmi@quickreport.in

Hi,
Seniors as i have a big question going in my mind regarding a company playing tricks to force a lady to resign as she will be going on maternity leaves for 3 months.She is employee of a software company from past 2.5 yrs.
and how much will be maximum period if she ask for maternity benifit 3 months or more than that.
what step she can take to preserve her rights.
can any other company allow her to join their organisation after knowing that, after 6 months she will be availing for maternity.
please answers i will be thankful to you for this help
1st April 2014 From India, Mumbai
Dear Rashmi
-None of the company can enforce a current employee to resign from employment service while on maternity benefit (leave).
-terminating an employee from employment service while on maternity benefit (leave) is void. Also cannot cancel in the mid while being on maternity leave.
-Maximum 90 days which shall be determined as 3 months.
-Granting beyond 90 days leave is upto the discretion of company, however even if granted, such leaves days beyond 3 months will not come under maternity benefit.
-On maternity benefit application, the org should address within 48 hrs. Make the application through a registered post attaching acknowledge card, will be best evidence in future.
-None of the company shall employ an employee who is 6 months pregnant, who will prevail maternity benefit within 6 months.
1st April 2014 From India, Chennai
None of the company shall employ an employee who is 6 months pregnant, who will prevail maternity benefit within 6 months

attribution https://www.citehr.com/489361-can-co...#ixzz2xeJJ19dA
Dear Lawyer,
where this rule is written??
Pon
1st April 2014 From India, Lucknow
Dear Manoj,
Thanks alot for your reply but my query is this the lady is just 2 months pregnant and all came to know about her pregnancy and as our's is not a big organisation so director came to know about this and he is trying to force her to resign as she will be availing maternity benifit after 7 months.
2nd April 2014 From India, Mumbai
First of all let the forum know whether your friend/the lady is covered under ESI, if so the director does not have to worry at all for Maternity Benefit, because ESI will take care of the Benefit. If the said Lady is not covered under ESI then also legally the employer cannot force her to resign as such she can sue against the company. With regards to joining any other company and availing Maternity Benefit within 6 months cannot be denied, if the MB criteria is fulfilled.
2nd April 2014 From India, Ahmadabad
What is the strength of the Company, do you get Salary Slip. Do you have HR Department, what is your role in the company. What is the company into, please give details so as to advise appropriately.
2nd April 2014 From India, Ahmadabad
Dear Pon Am extremely sorry for this point. I take it back . I stated refering a wrong document. As well thank you so much since your question alerted me a lot
2nd April 2014 From India, Chennai
Dear Rashmi
-the lady found to be recently pregnant cannot be forced to resign as she vl avail MB.
-your org. director may think it proactive, but its inhumanity & capitalist atrocity.
-Forcing a pregnant women creates mental agony is a sueable.
-advice your director to have courtesy
2nd April 2014 From India, Chennai
Please refer ESI Act since you are into HR, please read below few extracts for your reference

APPLICABILITY

Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.

Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings and newspaper establishments employing 20* or more persons.

Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.

*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.

The existing wage limit for coverage under the Act is Rs. 15,000/- per month ( w.e.f. 01/05/2010).

AREAS COVERED

The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in the following States/Union Territories of Indian Union.

STATES

All the States except Manipur, Sikkim, Arunachal Pradesh and Mizoram.

UNION TERRITORIES

Delhi and Chandigarh
2nd April 2014 From India, Ahmadabad
Since your company is into distribution of Software and the No. of employees is 10, your company does not fall under the criteria of ESIC ACT
2nd April 2014 From India, Ahmadabad
Dear,
No one company's head force any lady to resign just because she get pregnant. Being a hr, u should talk with your director and try to convince him that it is illegal and if that lady go licensing officer or factory inspector and submit application for this, we will be in big trouble so we cannot do this.
Always remember that benefits as per factory act, no one can denied to give u. No one company break rules whether it is small firm or big one.
2nd April 2014 From India, Mumbai
Hi,
I am just trying to analyse the situation from a different viewpoint (may be like a devil's advocate). If this lady, who is pregnant is:
1. New in the organization / on probation - does the same rule apply
2. If there are genuine performance issues - does the rule still apply
3. it clearly means, that irrespective of performance, it becomes a liability of the organization to hold on to the employee.
Kindly revert!
Regards,
Richa
9th April 2014 From India, New Delhi
It seems that you have not read the query thoroughly, please find below my comment on your points, which may be not correct, seniors please correct if wrong.
1. New in the organization / on probation - does the same rule applyThe lady is working since last 2.5 years as per the query
2. If there are genuine performance issues - does the rule still apply. If there are genuine performance issues the HR/Director will issue show cause notice/Warning letters and thereafter termination on performance ground. Here the Director is forcing the lady to resign
3. it clearly means, that irrespective of performance, it becomes a liability of the organization to hold on to the employee. If you assume (being a lady) MB as a liability, even PF/ESI Leave etc. are also liability, sorry to sound harsh
9th April 2014 From India, Ahmadabad
I agree wit saji and would like to inform u that just because she get pregnant, no one company will ask for resignation. it is unlawful.
If u force any employee for resign and she will report of such incident to labour officer, ur company will be in trouble as u r going to break factory rule.
9th April 2014 From India, Mumbai
Going by your logic, making salary to an employee is also a liability to the employer. Is itn’t? Pon
9th April 2014 From India, Lucknow
What is the concern here related to salary??? We are discuss about resignation of that lady and their condition. Yes Company is liable to pay salary if employee work for month or any days.
10th April 2014 From India, Mumbai
I am Heartly thankful to you all for you replies and the knowledge you provided me.
I have one more question if the lady want to make a switch in this condition will it be a good idea or a bad one will any other company will employee her in this condition.
which month will be good to switch as she might be having probation period ( she is 3 month pregnant).
Please help me on this too.
10th April 2014 From India, Mumbai
if the lady want to make a switch in this condition it will be a bad idea because as u mention above that she is 3 month pregnant so many company avoid to hire in such cases so better switch after delivery.
As u r aware that many company have policy to hire any employee in probation period so she will be again in PB and when her PB complete at that time she will reach at last stage of delivery so better switch after delivery.
Hope the ans fulfill ur query.
10th April 2014 From India, Mumbai
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