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Anonymous
Hi, I had informed my company that I was pregnant when I was about 3 months pregnant, they said that they would give me maternity leave and I worked till my due date and when I asked later they said they didnt have any rules like that but asked me to resign and rejoin instead with an increment in the salary.

Now when I am ready to rejoin they are saying we don't have vacancies. Can I send them legal notice for not paying me for maternity and asking me to resign and rejoin.
4th September 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer

Dear friend,

When did you resign from your job? How many months before this happened?

You should have approached this forum when your employer told you to resign. Senior members of this forum would have guided on how to get maternity leave. Approaching this forum is as good as closing the stable door after the horse has bolted.

Now the challenge is what evidence you have that shows your employer forced you to resign? What evidence you have to show that your employer had committed your reemployment after maternity? Did you record the conversation when you had meeting with the approving authority?

Your employer has taken you for the ride by telling that they don't have rules like maternity leave. This leave is given to the pregnant women under the provisions of Maternity Benefit Act, 1961. It was your entitlement provided by Indian constitution and employer does not have right to deny it. Government has created machinery to ensure that the violations do not take place. But then all this might go in vain with no evidence of denial at hand.

Instead of quitting the employment, all that was required on your part was to put up application for maternity leave. If it was not approved then you could have approached the Labour Officer (LO). No employer would show courage to defy the intervention by the LO.

Thanks,

Dinesh Divekar
4th September 2017 From India, Bangalore
Madam,

It is not understood why you have resigned and on what basis. The reason(resign & rejoin) you throw may not be in writing from your employer. Did you mention the reason refereing the idea of management in your resignation letter.
You should have consulted or approached to some one when your employer told you to resign. Senior members of this forum would have guided on how to get maternity leave.

Your resignation closes all doors for any consideration as one granted by law of the land. However, if you have sufficient documentary proof and evidences regading conversion you had with your management on the subjected matter would help in legal battle.

You have been cheated by your employer taking the benefit of your weakness and ignorance about your entitlement under Maternity Benefit Act, 1961.

One thing you can do at best better sitting idle if some result may come out(I am not sure). Write letter to your employer that "you have now ready to join and resume the office after your sucessful delivery of baby" stating the condition of resign send letter in registred post. You can send the copy of letter to " The Honble' Chief Justice, High Court & Supreme Court.
5th September 2017 From India, Mumbai
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