Maternity leave denied - contract has been stop before my EDD date - CiteHR
Sogemar
Ir Manager
Nathrao
Insolvency N Gst Professional
Ramya Yellareddy
Software Engineer

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I am working in my company since last 7 months as contract employee, and now my EDD date is very near, I have put a maternity application mail to my HR department a week back but till date I didn't got any response. Finally they reduce my contract period, contract has been stop before my EDD date, Please suggest me what kind of action I can take against them.
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Action not in order
What was the original contractual period
Put up a written repersentation to the company quoting period as per contract and ask them to review curtailment of contract period when you informed them of EDD
If no action approach labour commissioner of the area with full details
Just share them the contract end date that you have in your company. And email the HR or go nearby HR or Head. If still they deny then go to LO. He will help out.
Hi Nathrao
My actual contract period (Start Date: 19.07.2017 to End Date: 31.05.2018 )
I am requesting maternity leave Start Date:10th April 2018.
they going to release my from project Date:9th April 2018.
Please suggest me what further action I can take against them.
Respected Madam,
Kindly read my reply fully.
I have given suggestions for a line of action.
Take advice of a lawyer and proceed.
Actions of the company appear to be in violation of law.
Dear Sir / Madam,
1) An employee is working with a BIG MNC firm as third party Full time contract employee since two years, BIG MNC being the Principal employer and there's a third party Manpower Company as employer. From Date of Joining 07th March 2016, till date. In March 2017 the employee had earned a very good increment (from 26000 to 35000 INR per month) which is indicative of her above average performance. The project on which Empoloyee is working on is a Flagship HR initiative by that BIG MNC so it's not likely to end very soon. Three managers have changed and she has still managed to adapt to each one and complete her tasks successfully.
2) In January 2018 Employee informed manager that she is 8 week pregnant and is more than willing to work till 9th month of her pregnancy and resume as soon as her maternity leave ends. After this meeting, the manager started neglecting the employee and after two weeks of waiting for a response, the employee got text messages viz "What about the Mat leave?, I didn't get you, will extend your contract till April 15th, keeping in mind the larger deliverables boss has agreed to extend by one month" . Extending by one month suggests that her contract ends on 6th March 2018.
3) As there was no mention of not extending the contract before pregnancy information was shared, it is very much apparent that they want employee to leave because she'll cost them 6 months' extra salary. Not to mention that all On-payroll managers have an average salary of 3 to 4 lacs per month.
Question: 1) Does she have any legal claim on extension of contract and receiving Maternity Benefits and a right to uninterrupted employment?
2) If legally valid, what steps the employee should take to firmly make her position clear to the manager.
Please suggest something out of the box so that the employee doesn't have to suffer losing her job due to this discremination.
What was the original duration of contract?
What were the terms and conditions for extension/termination of contract?
Q1) Whether she has right of extension of contract depends on the wordings and terms of contract.
So if info to first two queries are given, somebody will be able to guide you in the forum further.
All private companies work on the basis of cutting expenditure to the maximum and they are trying in this case.
Once the terms of the contract are changed, the contract is considered to be null and void. So, there are two options in this case.
1) She can approach the local Labour Commissioner and place her petition for immediate resolution, and secondly,
2) She has to file an application with the State Women Commission of her region as this involves the dignity of women and sanctity of life. They will guide her to resolve this issue quickly.
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