In case of wrongful termination during pregnancy, if we lodge a complaint against employer via labour office (not through a paid lawyer), how long does it take to get the final verdict. I am 4 month pregnant and hence wondering is there any obligation from Labour office end to finish the case within stipulated time or does it take years and years.
16th May 2019
Dear Ashscorpio,
If you file a complaint against your employer for the denial of the maternity leave, then it should be settled within a month's time. For the Labour Officer (LO), this is a small matter. Generally, their hands are full of big issues like strikes, lockouts, accidents at the workplace etc. Average LO might just give a telephone call to the employer and ask directly about the denial of the maternity leave. It may not even need a hearing from both sides.
Thanks,
Dinesh Divekar
16th May 2019 From India, Bangalore
Dear Ashscorpio,
In continuation of the above reply of our learned friend Mr.Dinesh, I wish to add that the complaint intended to be made to the Labor Officer against the wrongful termination of the employee during her pregnancy is probably an industrial dispute u/s 2-A(1) of the Industrial Disputes Act,1947. In such a case, as per sec.2-A(2) of the Act, if the L.O fails to dispose of the dispute expeditiously, after the expiry of 3 months from the date of raising the dispute, the workman can directly make an application to the Labor Court for adjudication; as per ss (3) of sec.2-A, any such application for adjudication should be made before the expiry of 3 years from the date of termination of employment.
16th May 2019 From India, Salem
I believe Labour tribunal is proper, as it seems there will be examination and cross examination to prove her wrongful termination and the employer will definitely rebut any allegations.
17th May 2019 From India, Kolkata
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