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Dear All,

I would like to draw your kind attention on the topic i am sharing with you, which is related to me also. I am a 6 months pregnant lady who joined office in October'2016, there was probation period of 6 months was given in my Joining letter which i have completed in March'2017. Before one month ago my reporting head and Centre head knew that i am pregnant and from the day, they started to notice my incoming and outgoing, also started to do comments on me about my work even timing in eating, walking and washroom also.

Few days before, they appointed a new employee on my place by saying that she will work with me and will help me, please trained her. As she took over my work, they transferred me to another work profile which i did not handle in my working tenure. Day by day, they are torturning me and showing me that i am doing nothing here. Today Centre head of the organization called me and said some bitter words that i am a burden on organization and getting pension without doing anything.

Before knowing my status, everything was okay and i was working good in their views. Today he also said me to leave organization and said that your current month salary would be given to you on payment date so go and sit your home. I deny to go and sit at home so they decided not to give me any work. I am a working lady and staying with my family on a rented house. I am also able to do hard work but as they know, in future i might be liability on organization so they are changing their words and forcing me to leave job. Please help me.... Tell me what procedures must be followed and what laws are come under in my situation.

Regards

Radha Rawat
From India, Ghaziabad
Forcing pregnant employee to quit will be viewed very seriously by labour authorities.
Now, how can you establish in words the harassment that you feel? If you can mention that in letter to govt labour officer of your area, please do that?
From India, Mumbai
Dear Radha,

Two things establish from your post. One is your pregnancy and another is your alleged under-performance or non-performance. We do not know whether one is connected with another or both are independent.

When did you officially communicate to your employers on your pregnancy? How did you communicate?

As far as your performance is concerned, have you maintained records of your performance? What were your targets and do you have evidence of the attainment of those targets?

Further you have not mentioned about the industry in which you work. What was your designation and how many persons reported to you? We need this information to assess whether provisions of Industrial Dispute Act, 1947 apply to you.

Yes, as Shrikant has suggested, you may go and approach the Labour Officer (LO) of your area and make a formal complaint. However, when you go there, take with you all the evidence to prove that you were employee of your company. However, wait for other senior's comment. Approaching LO should be last option. Please note approaching LO is different from approaching labour lawyer. Former is appointed by the government to solve the worker's issues whereas latter provides professional legal service but those services come with professional fees.

As far as your personal responsibilities are concerned or bad behaviour of your Centre Head is concerned, keep it off from the legal issues. Let your decision be not muddled because of emotions. For further queries, feel free to contact me.

Thanks,

Dinesh Divekar
From India, Bangalore
Dear Sir,

Organization is working as consultant and provides counseling of do study in abroad like Australia, Newzealand, Dubai and other countries. I am working as Front desk executive/Admin from my Joining date and in December'2016, i got an Appreciation certificate towards my work.

I discussed My pregnancy news to my office colleague, My reporting head as well as Accounts department. The center head knew through the colleague and my Body Structure. It was discussed to accounts department many times because, ESI contribution was deducted from my salary so i got my ESI Card from them to get checkup from ESI hospital about my Pregnancy.

Centre Head and my reporting head Many times called me and discussed about it in of April-2017.

I requested to give me leave for checkup they denied and said, please arrange and employee who will handle in your absence. Her appointment was subject to do counseling and in my absence, handle the reception. I was agreed because they said it very friendly.

She was appointed in last of May-17, as soon as she took over my work, they transferred me to counseling process which was not given me in my 7.5 Month working period. Even they said me to do work after working hours because counseling is calling process to make more calls.

When i discussed that new employee was appointed for counseling so said her to do calls, they said she is new and you are the burden because she is handling your position now.

Now they are forcing me to give resign because i denied to do work after working hours as the management require.
From India, Ghaziabad
Dear All,
Could you please suggest, in Pregnancy, if Organization provides you maternity leave then who will pay your Salary??
I am a 6 months pregnant lady who has been forced to leave the organization and resign from Job. As i denied to resign and not to go from organization, they are saying okay we will not take your resignation and you will be paid Every month salary from ESI department because you are enrolled under the ESI Scheme.
Please tell what should i do in this case. How much salary i will get and who will pay it towards maternity leave.
Note: Organization is willing to terminate me cause of my pregnancy and to avoid future liability.
From India, Ghaziabad
Hi,
They cannot terminate you.
If you are a member of ESIC, please approach ESIC dispensary for free treatment and maternity benefits. They will guide you.
Please give intimation about your pregnancy to your company also.
From India, Coimbatore
Dear Radha,
From your post, following can be deduced:
a) You have completed more than seven months of regular employment. Therefore, you are eligible for the Maternity Leave. From the ESI Doctor, obtain the medical certificate and submit it to your employer. Later submit the application for maternity leave for 26 weeks.
b) Nobody is reporting to you therefore, provisions of Industrial Dispute Act are applicable to you.
c) You say that you are being forced to quit the job. Do you have proof for that?
You may approach the Labour Officer (LO) of your area. Explain him your problem. He should be able to solve your problem.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Radha,
If you are a permanent employee or if you complete your probation period according to your company policy. You have to file a complaint against the employer in Labour Court or you can write your review about the company in social networking. So, other people will be aware of the specific company.In future if anyone will be join the organisation would be aware of the atmosphere. Today is a time to raise your Voice.
From India, Gurgaon
Dear Ms Radha,
1. Please do not resign from your job. They can not dare to terminate you.
2. Never put anything on social network till the time you are employed with that company.
3. As advised above get your self medically examined and submit your medical report along with the request for leave.
4. If you are covered under ESI, then your salary will be paid by ESI department, please contact your local office.
5. Your medical expenses will also be borne by ESI.
6. Please do not sign any document given by your employer without properly reading & understanding the content. They may try to threaten you or put pressure on you, please do not succumb to the pressure.
From India, Thane
you have to log in to ESI Insured Person Portal with your ESI Insurance Number to know your eligibility of Maternity Leave before coming to conclusion that you will get Maternity Benefit from ESIC
From India, New Delhi
Dear Mrs.Radha,
You have been covered under ESIC, no need worry. ESI will pay your salary for 26 weeks also you can able to utilize the maternity medical benefits from ESIC. Till your 26 weeks leave starts, work in your company, they cannot terminate you without proper evidence. They trying you as non-performer, but they cannot prove in the labour court, you can explain your side there. Don't worry. After your maternity leave if they are not taking back for employment means you can approach the Labour Officer.
Enjoy your motherhood feeling !!!
Shanmugam T
H.R. - Head
From India, Madras
Dear Experts,
Please tell me the procedure of claiming Maternity benefits from ESIC.
1. What documents to be submitted to claim Maternity benefits and whom to be submitted???
2. What is the rate of Payment/How much they provide?? Is it be equal to my in hand salary or less than??
3. When i can claim?? is it before 6 six weeks of Expected delivery??
4. Is there any certificate of ceasing required from Employer??
Please help because i am in problem that whom to i consider for maternity benefits if it is ESIC then please answer of above questions.
From India, Ghaziabad
Since, you are covered under ESI Act and making regular contribution. and you have worked /contributed for 80 days prior to proceeding on Leave. ESI will pay the Leave period.
Sec: 12 of Maternity Benifit ACT: . Dismissal during absence of pregnancy,.- (1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
T.Mahendar Reddy
From India, Hyderabad
Hi,

Below is the answer to your questions.

1. What documents to be submitted to claim Maternity benefits and whom to be submitted???

You just need to visit ESI hospital with your ESI card, rest will be taken care by the doctor. they will provide you a medical certificate and recommendation of total 26 week leaves, 13 weeks before and 13 week after delivery which you need to submit to your employer.

2. What is the rate of Payment/How much they provide?? Is it be equal to my in hand salary or less than??

The payment will be directly credited to your bank account by them at the rate of contributed daily wage to the ESI.

3. When i can claim?? is it before 6 six weeks of Expected delivery??

Refer to above answer 1.

4. Is there any certificate of ceasing required from Employer??

No certificate is required from employer.

Regards,

Harpreet
From India, New Delhi



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