Manojkamble
Sr. Hr Executive
Nagarkar Vinayak L
Hr-consultant
Nathrao
Insolvency N Gst Professional
Fregie
Digital Marketing

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All,
Needed your help to decide the course of action in an issue I am facing with my employer. I was on maternity leaves since May end. My employer has held up my 4 months salary from the maternity leaves. Also before my maternity leaves end date I contacted my manager regarding joining back date and my profile requirement. She told she will get back to me. Now suddenly my HR has declared me as absconding and not even providing me the experience letter. Please suggest what can be done in this case.
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I am working with a employer in Pune India.
The action of employer appears to be incorrect.
I hope you have given them intimation of the need for maternity leave.
Laws protect employees from being denied Maternnity leave and removing them during leave.
Write a polite letter explaining all the matters regarding leave and your date of joining back.
This written documentation will be of legal help for further action.
After this if company still shows you as absconding etc and holds back pay,approach the Labour commissioner of the area and seek his intervention in the matter.
Finally do not take stress as law is with you.(from what you have stated)
I already have a mail thread of almost 50 mails in which they first tried to negotiate to give 3 months salary, then 4 months etc. Now that they know I am not ready to compromise on it, they have declared me as absconding.
Dear Fregie,
It is really unfortunate that your company is behaving this way with you. You better file your case with labour commissioner of your area under maternity act. Also you may file your case with women rites who will help you in this manner
Dear colleague,
This is downright illegal and unjust act on part of your employer.
I take that you have complied with provisions/requirements under the MB Act before proceeding on ML and your leave has approval.
In this case , you don't spare your employer and drag him to Labour Authorities to resolve in your favour. Make enough noises through women's activists and threaten to go to press. Don't worry the law is on your side and ultimately victory is yours.
Regards
Vinayak Nagarkar
HR-Consultant
Dear Fregey,
It is very unfortunate to learn that your employed terminate you during the leave maternity leave. Have you made application for the leave with your treatment for pregnancy? Then how come your HR declared you absconding. You made written complaint to your local labour department along with all the communication held with your office & their reply.
You also sent a petition in manner of a prayer to the Chief Justice, Supreme Court, New Delhi with all documents and details of your company and employment details in registered post.
"You also sent a petition in manner of a prayer to the Chief Justice, Supreme Court, New Delhi with all documents and details of your company and employment details in registered post."
Writing to Hobble SC is too premature at this stage.
First exhaust company remedies
Then Labour Commissioner.
Then think of legal action from Courts.
Dear Mr. Nathrao,
I appreciate your concern and suggestion in the matter. In recent past many more postings posted in Cite HR, where organisations are asking to give resignation & re-join after delivery and some says this is not applicable to them. Donít you think some fanatic game is played over the statute to deprive legally sanctioned benefit? We need to think, what would be condition of one when her employer says your job is no more exist for no reason. I do not think the lady will have strength to move after the agencies for justice when she has to look after the new born.In the present context she has advised to explore the route additionally, to all other remedies that you have suggested.
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