Nagarkar Vinayak L
Hr-consultant
Aniket Pathak
Sr. Executive Hr
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager
Aditri
Service
+1 Other

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I was working mire than 5.5yrs in a pvt ltd manufacturig company.I went on maternity leave before 2 weeks of my delivery.My leave was discussed and approved by MD verbally.No written communication was there.suddenly post 1 month of my leave they stopped my salary.Via telephone I was terminated by HR.After several email I did nt recv any notice or confirmation of my termination.My leave expire nxt month.My queries are
1.Can they deny to gv maternity benefit as there is no written communication
2.Can I resign nw showing distrust to company and ask for MB and gratuity &PF?is it legal?
3.Am I compelled to accept termination?
4.Should I go to Labour commision?
5.what r the govt forum i can approach?will it be helpful?
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Dear Aditri,
Did you intimate them in writing and have the acknowledgement with you. If not send the intimation immediately with registered AD. Please mention about verbal intimation and approval in that letter along with the date you will be joining your duties. Also try and talk with your HR through this as if yours is a manufacturing firm and they are still denying the MB then they must have some point, please clarify the same with HR. If they still don't co-operate please visit Local labour office. If everything is right they can not deprive the employee of maternity benefits.
Dear Aniket,
Thanks for your reply.After recving the phone call I e-mail them asking the reason for my termination as I was informed by telephone.There I hv mentioned about the verbal approval of my maternity leave.But I did not recv any proper response frm them.Now I dnt want to join again .So I am confused if I resign will they still be legally compelled to gv me MB?
As advised try to talk to the management including the HR after sending them the email detailing the talk and verbal assurance given by the MD regarding the MB leave. Try to get the issue solved amicably and approach with a view to finding a solution than being on confrontation mode. They cannot deny you the MB and other benefits, in case you decide to leave the company. Try to leave on your terms or mutually agreeable terms, if it comes to that. They cannot terminate during your maternity leave. If they are not reconciling, you may approach the labour authorities but inform the company that you will be constrained to take further action if they do not try to settle the issue.
Dear Aditri,
They can not terminate you while being on Maternity leave that's why i am asking you to send them the letter and then approach to authorities. After receiving the acknowledgement of the letter ask HR to send you proper termination that will stand against them. please keep everything documented.
"My leave was discussed and approved by MD verbally."
You should have given written intimation of pregnancy.
When did all these events take place?(month and date)
To get maternity benefits, notice may be given during the pregnancy or as soon as possible, after the delivery.
On receipt of the notice, the employer shall permit such woman to absent herself from work after the day of her delivery. The failure to give notice, however, does not disentitle the woman to the benefit of the Act.
Do not resign on your own and refuse to accept termination notice.
Take up the matter with your company immediately in writing, include medical proof of delivery and ask for leave as authorised under the MB Act.
The company cannot legally dismiss you on this ground.
If company does not withdraw their letters of asking you to leave, approach Labour Commissioner of the area
thanks for your replies.I hv worked 8.5 months during pregnancy.Yes it is true that i have not given any written communication regarding my pregnancy and maternity leave.it was verbal discussion..guys whatever u are saying i have already sent emails and letter within these 4 months asking to explain my termination.I hv recd only one reply from them where they hv just mentioned company termination policy anonymously.I hv asked for appoinmnt to meet them ,bt they did not respose to that.Also salary for these 4 months are still pending.So nw i need clarity that if i do not join again on the ground of distrust to my company and claim MB will that be legal?
Please read my queries and answer them
Give specific month wise details.
When you went on leave,when was date of delivery?
You must go back to the company after your leave gets over.
Company cannot legally deny you Maternity benefits.
What is company termination policy?
Are your under ESIC coverage?
I went on ML on 1st of Oct. Date of delivery is 18th Oct.2 types of leave policy is
1.company cn terminate anytime incase of anything prejudicial to the interest of the company.
2.1 month notice will be given if company wants to terminateanyone.
company provide ESI to those whose salary is below 15000..I am not under ESI coverage as my salary slab is higher.
plz tell me how to take this matter ahead.How cn i go to rejoin when i know wht they intend to.I will b harrased if i go there to even discuss..forget rejoining..now how cn i claim all the dues?
One has to be bold.
What harassment can they do?
Your termination during maternity leave is illegal.
There is a provision in sec 6(3) which is helpful in your case.
Sec 6. Notice of claim for maternity benefit and payment thereof
Subsection 3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
So give written intimation to your company and ask for your dues.
Read this
Section 12. 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.
Do not be scared,but be firm.
Take advice of lawyer and join back on completion of leave.Request politely all your Maternity benefits.
Labour Commissioner will help oput and force the company to pay.
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