Dear Sir,
Just wanted to confirm some issues for Maternity leave for one of my friend.
She is working in a company from past 1 and half year. Now she is expecting a Kid. Now she has written an application to the firm stating that she would not be able to come for next three months. Since the firm is a very small of not more than 9 employees, and do not follow any compliance, they are denying to pay any Payment for Gratuity leave.
Although my friend is also not asking to pay her for 3 months, but she wants that company should keep her back on work when she will get back from recovery. But the company is telling they cannot keep the post vacant for three months and that would be difficult for her to join back in the organization.
Is there anything she can do, so that company cannot terminate her.
Note: She don't have any joining letter of that organization and no salary slip or formal communication from office.

From India, Bhopal

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Do your friend has any proof that she can prove that she is an employee of the said firm, whether she is getting the salary by cash or cheque. If she is getting the salary by cash is she depositing it in the Bank. Please let the forum know full details so as to give appropriate view
From India, Ahmadabad
Yes sir, She is submitting the salary per month, but not the exact amount of how much she is getting, and that too with self deposit, and instead of that there is no further official documents she is bearing, to claim any connection with the organization.
Is it possible for her to claim just through the salary she is depositing, that too from self account, and not the same amount wht she is getting over there.
Although, according to her, she has worked in that organization, so there are various related documents on which her name is described, but she is not sure about that.....

From India, Bhopal
Ask her to consult a advocate who is practicing Labor law too, they will help her in getting the Maternity Benefit as well as will not lose her job after 3 months too.
From India, Ahmadabad
If she is working in a commercial establishment employing less than 10 persons she is not eligible for benefits under MB Act.If she is a worker and denied employment she can make a complaint to the Labour Officer under ID Act.


From India, Thiruvananthapuram
As you mention that the firm is very small and can not afford to pay for the leaves. your friend should resign with this job and after recovering from the maternity process she can approach again to hire her for another post might be they consider her as she previously worked for them
From India, New Delhi

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