Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants
Bhartiya Akhil
Freelancer
Nathrao
Insolvency N Gst Professional

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I was working with XXX Technologies pvt ltd, fro mar 2017 as hr executive, recently in may 2020 my company terminated me during my pragnancy and lockdown due to non-performance, wilful insubordination, misconduct and gross negligence of duties.
After termination management is not responding on my mails regarding full and final settlement.
Please guide me where should I complaint

From India, Bengaluru
Were you on maternity leave? More clear details like whether SCN was issued will be required to be given for clear suggestions regarding termination
From India, Pune
For your i) non-performance, ii) wilful insubordination, and iii) gross negligence of duties, did your Employer issue to you One or more Show-Cause Notice or Explanation Letter or say a Charge-Sheet asking you to explain why Discilinary Action should;d not be taken against you for the alleged Acts of Misconduct ? If not your Dischare from Employment (Termination) is patently Illegal, Unethical and Arbitrary Act. Please take up with your Employer in writing asking them to first substantiate the allegations through a Domestic/internal Inquiry with your participation.
Harsh K Sharan,
Kritarth Team of Management Guide
8.6.2020

From India, Delhi
Dear Megha-Birelly,

As stated by Harsh K Sharan, it seems to me also, that your termination is patently illegal, unethical and arbitrary one.

Did your employer paid you maternity benefit and medical bonus?

Being HR Executive, you should know the rights of employees under various Acts.

You are advised to make a complaint / appeal under section 12 to the competent authority i.e. Labour Commissioner in prescribed format if you are not under ESIC.

If you are under ESIC then also you have protection from dismissal, discharge or other Punishments illness due to pregnancy. In this case, you need to approach ESI Corporation and also the Labour Commissioner for unlawful dismissal.

If you still have any doubt please do not hesitate to write back with complete details of your case as advised by Nathrao as well by Harsh K Sharan.

From India, Mumbai
Dear madam,

Apparently, your termination appears illegal as:

1. During the pregnancy and availing maternity benefit, employer cannot terminate a woman employee

2. For termination on account of alleged misconducts, show cause or chargesheet has to be given, domestic enquiry to be held by giving reasonable opportunity to defend.

You have not gone on record to show above procedure was followed.

In your case a question could come up if you are a workman under the ID Act.

.

Regardless of this, you make representation in writing to the top decision maker pointing the illegalities in your termination and demanding reinstatement with continuity of service and payment of full maternity benefit including medical bonus of Rs3500/- . Also threaten them, if no reply is received within 7 days, you would be compelled to take legal action.

Send this communication by registerd post or courier with acknowledgement due . Mark copies to the Labour Commissioners office for whatever worth it is .If required, take help from some expert in drafting this letter.

Regards,

Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai
Dear member,
Please refer to earlier thread ref. - https://www.citehr.com/617553-can-em...expecting.html.

From India, Aizawl
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