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Hello Sir/Madam,
This is Mr. Gopala Krishna, my query on Termination/Resignation after maternity leave after getting maternity benefits up to 90%. My wife was taken maternity leave from 23.12.2017 to 23.06.2018. she was employee of staffing company/placement agency, but was worked for some other company (Client) as a contract employee. she informed both the companies regarding maternity leave.
She gives birth to baby boy and she got some amount as maternity benefits from ESIC. It is very happy news to us. In the meantime, (Client) company recruit somebody as a temporary employee in the place of my wife (Job/Work) for pending work to be completed.
At the final stage of my wife’s maternity leave, the (Client)company passes a rule stating that the temporary employee as a permanent employee. So there is no place/job for my wife to be join after completion of her maternity leave. So my wife decided to resign to Job/work and she take care of my Baby boy, but she didn’t resign the job, in the meantime 2 or 3 days back she got her gratuity amount. Then she was realised that she was already terminated from job by staffing company/ placement agency. This was the situation of my wife.
She got a call from ESIC, they asked to provide a Form 10 and self-declaration stating that she was ceased to work after the maternity leave/She will join in the job.
Already we had provided Form 10(Declaration from employer – employer was aware of leave, any salary given to her at the time of maternity leave from them, etc) to ESIC.
My query was there is no place/job to wife at both companies. How would my wife will give such declaration to ESIC! What should we do? Please suggest better way to solve the problem. My wife was decided that she will not going to the job for 1more year (because my kid was 6months old, her presence was must).
Note: My wife received 90% of ESIC maternity benefits, and 10% of o ESIC maternity benefits to be received.
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Hello there,
During the maternity, employer has no right to terminate the employee as per maternity act, if any one can hire temporary or mutual concern resignation can be acceptable.
On your case, you said you have received ESIC benefit include the 24 weeks basic wage, etc. the only thing the company has done is moved the temporary hire to permanent and removed your wife from the company.
My question is how gratuity has come with out your wife signatures on documents? and what about PF, does your wife contributing PF every month?
The declaration of ESIC has to be done to get maternity benefits of post delivery, you cannot complain against to company because they are allowed to take maternity benefits and they have cleared her gratuity.
As you said your wife is not going to job for a period of time from now, my advise is to keep the ESIC number active and the same can give it to new employer who is going to be in future for continuous service.
Thank you for your suggestion, please see below doubts/query:
1.PF was deducting from my wife’s salary, How to claim my wife’s PF amount?
2.My wife make a call to her HR, and told her my wife's account was credited with gratuity amount, with out any intimation How company will terminate me and crediting my account with gratuity amount? HR reply already we mailed to your (Clint) company regarding this Gratuity. But anybody was not informed to my wife.
3.Please adviseme how to keep the ESIC number active and the same can give it to new employer
4.After giving the self-declaration stating that I/she will work from 25/06/2018 (completion of maternity leave) to ESIC. Then ESIC people may raise any objection/complaint on my wife say that, she given a false declaration to ESIC, she was already terminated from company work. Then Govt/ESIC was penalize / penalty on my wife. How to face such problems.
Please advise...
Kindly advise me on above doubts/query. Please....
Thank you for your suggestion, please see below doubts/query:
1.PF was deducting from my wife’s salary, How to claim my wife’s PF amount?
2.My wife make a call to her HR, and told her my wife's account was credited with gratuity amount, with out any intimation How company will terminate me and crediting my account with gratuity amount? HR reply already we mailed to your (Clint) company regarding this Gratuity. But anybody was not informed to my wife.
3.Please adviseme how to keep the ESIC number active and the same can give it to new employer .
4.After giving the self-declaration stating that I/she will work from 25/06/2018 (completion of maternity leave) to ESIC. Then ESIC people may raise any objection/complaint on my wife say that, she given a false declaration to ESIC, she was already terminated from company work. Then Govt/ESIC was penalize / penalty on my wife. How to face such problems. Please advise me sir...
Kindly reply me sir, please advice me.
Thank you for your suggestion, please see below doubts/query:
1.PF was deducting from my wife’s salary, How to claim my wife’s PF amount?
2.My wife make a call to her HR, and told her my wife's account was credited with gratuity amount, with out any intimation How company will terminate me and crediting my account with gratuity amount? HR reply already we mailed to your (Clint) company regarding this Gratuity. But anybody was not informed to my wife.
3.Please adviseme how to keep the ESIC number active and the same can give it to new employer .
4.After giving the self-declaration stating that I/she will work from 25/06/2018 (completion of maternity leave) to ESIC. Then ESIC people may raise any objection/complaint on my wife say that, she given a false declaration to ESIC, she was already terminated from company work. Then Govt/ESIC was penalize / penalty on my wife. How to face such problems.
Please advise me sir.
Kindly reply me sir,
Please advise me how to close our ESIC account with out giving Form(Claim for maternity benefits and Notice of Work(88,89,91 1/2) and how to keep the ESIC number active and the same can give it to new employer. It is very sensitive matter, so please give me reply.
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