My name is Rashmi Nagesh, was working in a private company from last 6 years and comes under ESIC.
Details of my work schedule –
Date of Appointment – 19 October 2011
Date of Maternity leaves – 10 January 2017 to 09 July 2017 (Mailing date – 23/11/2016)
Date of Extension leaves – Mailing date – 11 July 2018 (till November 2018)
Date I reproached to Company telephonically - January 2019
Date I reproached to Company practically – 11 May 2019
Date of E-mail to company – 28 May 2019 (email – request for experience, relieving letter & gratuity)
Company not supported much in many cases –
1. In ESIC documentation
2. In maternity leaves
3. Rejoining after maternity
4. Extension of maternity leaves
5. Even fresh joining issues – offered me 50% less salary or ask for resignation
6. After leaving company – didn’t issue me experience, relieving letter
7. Gratuity issue
Points In Detail –
1. ESIC – Manager ask me to drop a mail for leaves, I dropped mail accordingly, still HO kept me as a in left service – but in this case Resolved as per Cite hr’s suggestions
2. In maternity leaves - Resolved as per Cite hr’s suggestions
3. Rejoining after maternity –
I got maternity leaves of 6 months. But when I submitted all the necessary documents to my company for maternity leave & told them that I get approval from ESIC for 6 months benefit, now it’s company’s turn to approved the leaves. And I also want to discuss the other probable issues after delivery, that I may require some unpaid leaves as am having twins. They told me its ok, we are working like a family over here from long time, will manage.
As per earlier discussion I drop a mail on 09th July 2019 to extend leaves till November 2019 by requesting taking care of my twins daughters, but they didn’t responded. I called up my manager, he told me we will see how to manage to take your time.
Then I approached my company in the month of May 2019, my manager replied me, we waited for you, but before a week only I got a pressure from head office to recruit a new one on your position. I replied, I came to ask you when to join. They told me, you speak to Director. I told my manager that you all were aware of my condition, so you please tell me what to do now. I have no other option.
He told me that I can predict the 2 situation –
Either you have to join on less salary (50% less) you have to rejoin as a fresher or the company ask you to resign, as your position is not vacant now. Manager told me to search for the other option, meanwhile I will speak to the Director for you.
I requested told my manager that I am still on leaves I dropped you mails, so how come a fresh appointment is possible on my position. He told me its management’s decision. You think of your salary front, is it possible for you to work on less salary (50% less).
Fighting with the career, I got a new opportunity in HR & instead of requesting with the company, I happily joined the new organization with a good position.
I gave my decision to manager that Now I got a new opportunity, so probably I will join soon, so please tell me now what is the next process.
And kindly issue me the required certificates.
They suggested me, mail me the details, what are the necessary documents for you. I told him experience letter is important for me. So, before this I have to mail you the resignation, they told me don’t send me resignation, mail me request for experience letter directly. They told me it’s a gap of a year you mail me directly request for experience letter. I will see to it. But company didn’t issue me experience & relieving letter, manager told me to speak to Director. In this case actually, I know, my company never issues certificates to any of the employee. Because one of the employee cheated with the company. I know this, but in my situation, they know me very well, I worked with the company almost 6 years. So manager told me I will issue for you. But now Director is not giving me authority. He told me when I gave you words at that time, I thought, Director will allow me to issue for you. But I was wrong.
Now he told me to speak directly to the Director – Director told me the same thing, that we don’t issue & you know this. In addition with this he also told me that you are with a special case you were on leave of almost 2 years. Then I called up my manager & told him you are aware of my leaves I drop you mails properly for my maternity leaves & extend of maternity leaves you told me will manage. When I came to ask you for joining you told me I need to speak to the Director. And you hired an employee in place of me. You gave me 2 options - join on a fresh payroll or leave the company. We have to take you as a fresher only. And now, how come our Director Sir is telling me that I was on a long leave. If I was on a long leave why you take me as a fresh appointment on less salary then I asked him. And now unable to issue certificates also.
Gratuity issue –
As I have completed 6 yrs & 3 months in the same company, I request for gratuity to my manager, he told me to drop a mail again. I dropped down the mail, but got the reply, whenever LIC give us the money will give you gratuity.
Thanking you in anticipation.
Best Regards
Rashmi Nagesh
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Hi,
It is unfair labour practice asking a women employee to rejoin for 50% less salary or to re join as a fresher after 6 years service. Also you are very much eligible for Gratuity provided your company come under the purview of Gratuity Act. Though you have all the right to take up the matter with Labour Officer of your area for employment, as you were placed in another company without constraining the relationship with your ex-employer request for experience certificate and get it.
Once you get it request them for gratuity by writing mentioning your service period. In case of further delay from your ex-employer you can file a case before Assistant Commissioner of Labour of your zone and your ex-employer have no option except to release the payment.
Thank you so much for your reply.
But I was having one doubt, that am I wrong somewhere ???
Hi,
As long as you have communicated your leaves (maternity leave/extension of maternity leave) in time there is nothing wrong from your end. Most of the time communication gap results in gap between employee and employer. In your case if you are sure of your clear communication in writing then no harm.
Only thing is that 2 years is pretty long time even in maternity case for a employer to wait. Even in that case employer could have communicated their decision well before when you had extended the maternity leaves.
Thank you so much for your reply.
Sir, my total leaves when I calculated its 1 year, I am having twins & they are just 17 months old now. And I approached to my company in the month of January itself when my babies were 11 months old. So I was having one question, that how a company assume its 2 years. ??? Please sir, let me understand ...
Madam,
You proceeded on ML from 10th January, 2017 and reported back telephonically in January, 2019, its clear 2 years. No Company in India will approve such a long ML irrespective of whatever reasons.
You are eligible for a Gratuity for the period from 19.10.2011 till 9th July, 2017 for 5 yrs. 8 months and 20 days i.e. 6 yrs.
You approach to the Assistant Labour Commissioner of the area where your Company is situated and make written complaint that your company has not paid your gratuity and also denied issuance experience certificate despite of written / verbal request.
Gratuity has to be settled within 30 days from the date of separation. However, in your case you it seems you have not resigned officially till date.
Regards,
Suresh
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