Ramesan.pt
Sr. Manager -hr
Nathrao
Insolvency N Gst Professional
Chandra Mohan
Admin Officer
Monika Beri
Import Manager
+1 Other

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I am working with a private limited company since Dec'11 and I went for Leave in Nov'14 and before going I submitted leave notice to my boss who did not want to accept it and asked me to resign. I did not resign and took leaves. I could not join within 3 months because my C-sec was done on 13/12/14 and I could not recover by Feb'15. So I took permission from my boss and he allowed me to join in March'15.
After joining when I asked for pay against maternity leave of 3 months he denied saying his company doesn't offer such type of benefits. When I insisted he is terminating me. Request you to please advise.
Regards,
Monika Beri

The act of termination and refusal of pay will be a violation of Maternity Benefits Act,1961. employer will be in legal trouble if he terminates you in this fashion.
Monica, just tell him you will approach the district labour commissioner...
Yes Mr. Nathrao is exactly correct show him the Maternity Benefits Act -1961 in which section deals with Maternity leave and its benefit . And more taking leave on the basis of Maternity benefit is not a abscond/unauthorized leave. You will get both leave with pay for 84 days.
Madam,
Basically this act is a social legislation to keep our labour rules in par with the world practises.
Courts will generally construe cases favourably and in your case,i dont think employer can just terminate your services.
Law is on your side.
Company is just trying to cut some expenses.

These are two sister concern companies that operate through single premises. The total staff in these 2 companies must be around 30. These companies don't offer any benefit of insurance or mediclaim, don't deduct PF of employees there is no leave benefit .
There are 3 directors who are real brothers in relation. There is no HR so I have discussed this issue with all of the directors but they are not paying salary against the maternity period. They say pay against leaves is not the rule of their company.
I don't have any other job in hand so If I insist they will ask me to leave. Its been 2 months that I have rejoined and he is not entertaining my request. Please also note that there is no clause in my offer letter about maternity benefit but it has a line that states employer can terminate me anytime without giving prior notice.
Please advise..
Regards,
Monika

""there is no clause in my offer letter about maternity benefit but it has a line that states employer can terminate me anytime without giving prior notice.""
It does not matter.
The firm cannot legally deny you benefits authorised by law.Your local labour commissioner will have different opinion than that of your learned employer.
Terminating an employee without notice is equally bad in law and can be challenged in court of law.
No one is advising to confront,but bring the legal position to his knowledge as pleasantly as possible and ask for dues.
Probably you can give a request in writing covering all your medical problems etc.

Dear Sir,
I have checked with my nearest labour commissioner department. They asked if my company has more that 10 employees or less.
Now, there are many employees in same premises who are on payroll on different companies. My boss has started many small companies and has shown employees name accordingly.
There is no HR and accountant will not help me because he knows that I am checking this for maternity benefit.
How do I find this information. All that I know is there are 4 directors in the company I am on payroll of
Please advise
Regards,
Monika

Are they registered private companies or public limited companies/
What is their registration number?
Go to Ministry Of Corporate Affairs - Home and try to get info about these companies.
Local registrar of companies can probably help you with information.
There are many drop down menus in the site.
Try them out to get more information.
How many staff are there in the company you are working with?
If nothing else can be done serve them a legal notice.

Dear Monika,
We feel bad that having so much strong laws in place to ensure your case, still you had to run pillars to pillars.
You have many options, one is to approach a good lawyer, who can help you to collect your due payment and to ensure that you will not be sacked for this reason at least.
Send a letter to Labour commissioner stating your details, this will also help you.
Also please provide your company name and address details so that we can check and let you know its legal status.
If you want, you can share it personally.

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