Dear Professionals,
Guide me through this.
I availed my maternity leave during Jan 2020 to July 2020(before even covid impact starts in Chennai, TN, India) My employer have given a notice stating during April 2020 that they may not be able to pay employees due to covid impact and may able to pay only a proportionate amount as salary. I thought the situation may not be prolonged and they may pay anytime once they have recovered is what i assumed. Even after 2 years they have not paid me and now i got relieved and following up with them on the same and during my exit i've mentioned in the no due certificate that there was pending payment from employer.

Now clarify me on the below:-
1. the special inclusions in maternity benefit during covid
2. can i legally approach my employer or will that become void as i've received a notice during that time
3. if yes i can legally approach them, then whether through labour or civil proceeding

Please help

From India, Chennai
Sr.manager - Hr&admin
Human Resource

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As per Maternity Benefit Act Employer is supposed to pay full salary for the whole Maternity period.

Impact of covid started by mid of Mar,2020 itself and lockdown is declared in Chennai by mid Mar,2020.. Due to WFH option given to employees many employers were not able to honour the commitment given to the Clients due to various reasons like lack of co-ordination, internet bandwidth issues from employees side, power cut at home etc. In Chennai many companies introduced pay cuts. That is acceptable. Many employers introduced pay cuts to safeguard the employment of employees.

However now that things are back normalcy they could have considered your case as a special one and should processed the arrears.

To proceed further legally it is not clear whether your employer had issued any notice regarding salary and you had accepted the same ?

Based on your role ( employee or Supervisory/ Managerial role) you can approach Labour court or Civil court.

From India, Madras

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