I work with MNC in Bangalore and my six month paid maternity leave expired in first week of Dec-2018. My request for extension of leave without pay was denied and option to Work From Home has also been denied by HR. I have been presented only two options - Report to work or Resign. Employer does not have Creche Facility as per Maternity Benefit (Amendment) Act 2017 and hence reporting to work with my kid is not an option. Resignation by paying 3 months gross salary (notice period is 3 months) also seems illegal because when employees are forced to leave by company or terminated, they are given Basic Pay only and not other components of salary.
Most importantly, the project of company on which i work will return back to client. It appears HR would want me to leave company so that they do not have to look for another job as well profit from 3 months Gross Pay.
Prima facie company is violating several rules like -
01. Not having creche facility.
02. Not extending leave without pay.
03. Not providing Work from Home option.
04. Asking for Gross Salary for notice period.
I wanted to know how to i enforce and safeguard myself from unethical and illegal practices of company ? What all legal options are available for a working women ?
1) How many employees in the factory/establishment?
Sec 11A of maternity benefits Act (amendment) say 50 or more employees is required.
2)Extending leave w/o pay is purely discretionary.
It cannot be claimed as a matter of right
3)
Again discretionary
4) What does your offer letter say about notice pay?
Pl examine all points in holistic fashion
MB Act is for benefit of women,but company cannot and will not go beyond scope of act.
So far govts haven't made rules for creche under MB Act.If you are suffering from sickness arising out of delivery you are entitled for 30 days paid leave under the Act provided you have not availed 30 days sick leave during pregnancy ,under the Act.Otherwise it is the discretion of the employer.
Work from home is also the discretion of the employer.
Varghese Mathew
Tvm. 9961266966
@Nathrao - Over 10000 employees in organization, i have worked for 13 months of continuous service at the time of availing maternity leave, Offer letter says 3 months pay and is silent about Gross vs Basic. That is where illegality takes place - When employees are terminated or asked to leave, 3 months of Basic ONLY is given where as if employees wish to leave on their own accord, 3 months Gross Pay is demanded.
@Varghese Mathew - I am surprised at this point. The Maternity Act clearly stipulates Creche and its all over news as well. Act clearly says its mandatory.
I didnot say that creche is not mandatory under MB Act.I only said that appropriate Governments have not made any rules for creche.Instead the ministry of women and child welfare has issued a guidelines on it,not rules.
There is a difference between Act and rules,like POG Act and the central/state rules under it.
@Varghese Mathew - Thank you for this. I will have to check with Karnataka Government has made Creche mandatory or not.
Hello,
Section 11A, introduced by the Maternity Act is that any establishment which has 50 or more employees shall have the facility of creche.
The Maternity Act has not prescribed any details or manner of instituting or maintaining a creche in an establishment. Therefore, the Social Security Division, Ministry of Labour and Employment, has issued a circular dated November 17, 2018, wherein State governments have been requested to frame and notify Rules prescribing amenities and facilities required to be provided in a creche.
Since your organization doesn't have a creche , you have valid ground for denying to report to duty.
So, now you need to make a reverse offer that since there is no creches you are unable to come to work and hence they increase your salary to XXX amount from XX amount to compensate the loss of revenue to you due to lack of non maintenance of creches as prescribed under law, or accept the resignation without further contest while issuing relieving letter and experience certificate along with three months salary.
Thank you
Octavious
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