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ben-subbarao
Hi,
My wife was working for a company in Bangalore for 1 year from April 2022 to April 2023. In December 2022 she became pregnant. In March when she checked with the HR about her maternity benefits, she was advised that there is no maternity benefit's from the company (and neither did the company have any medical insurance). In April 2022 she was asked to initiate her resignation due to lack of performance and the company paid her for April and May. When she had asked about it she was told that the revenue generated from her was low and hence it was an 'organizational decision'. We did not pursue it legally as she was 5 months pregnant when she left. Is this legal for a company to do this and also can we take it up with the labour department in Bangalore. Any advice from experts would come a long way.

From India
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Vmlakshminarayanan
Agm - Hr&admin

vmlakshminarayanan
919

Hi

" In April 2022 she was asked to initiate her resignation due... " hope this should be April, 2023.

She is very much eligible for Maternity benefit. You could have challenged the decision of the Employer by Apr, 2023 itself.

" In April 2022 she was asked to initiate her resignation due to lack of performance and the company paid her for April and May." :- The Employer played a safe game. As per your statement your spouse was asked to initiate her resignation by the Employer.
Employer didn't terminated her for low performance or low revenue was generated knowing the future legal litigation.

Now even if you pursue legally Employer will safely claim that your spouse had resigned on her own choice and not out of compulsion. Do you have any written communication from the Employer asking her to resign. In the absence of any documentary evidence there is no point of pursuing this case legally. This is my suggestion. You may await for opinion of other members too.

If the Employer had issued termination letter then that might stood as a strong proof for claiming maternity benefit now.

From India, Madras
ben-subbarao
Thank You. Regret typo. She was asked to resign on April 2023. More so, she does have a written email mentioning that she was asked to forcefully resign.
From India
vmlakshminarayanan
919

Hi, That was a safe resignation letter. Did the employer responded to it? Whether proper relieving letter issued?
From India, Madras
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