Dear All,
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.
Please clarify me on the below case:
Case as below:
Employee has availed the benefit of meternity benefit from ESI and at the same time the company has paid the salary for 12 weeks. i.e. she has received the both meternity leave benefit from company and ESI. She is not aware about the procedures of all.she availed these as per the basic procedures.
After completion of meternity leave, she could not be able to report to duty for a month and wanted to resign the job due to some post meternity health problems. She gave the resignation lettera and explained the problem.But the company has claimed that you have availed the both benefits and you need to pay back the 3 months salary then only we will be releived, other wise legal action would be taken against her.
1)Is it legally correct, if so, in such cases, how the company was paid the salary for 12 weeks.
2 Is is mandatory that she has to pay back those 3 months salary for getting relieved.
3)If company threats like this, what would the legal actions to be taken
4)Actually what ESI act says
Please clarify me above these issues and advise me what is right and wrong on the above case.
It would be highly appreciated your early advises and the same to be carried out for further proceedings.