Maternity Leave Issue: Unpaid Salary and Legal Action

Dear All,

I am not an HR person, but I need advice from you seniors in the industry. I was working with an IT company for about 2 years. During this period, I availed of Maternity Leave for 12 weeks. After I resumed office in 3 months, I had to leave my job as my husband got relocated outside India. I gave the company 45 days' notice, and then after completing the handover, left the job.

However, they have not given me my salary for about 2 months and no letter (relieving / experience). They say that since I had taken Maternity Leave, they will not give me the same. Please let me know what I can do. Right now I am out of India, and they have stopped responding to my emails.

Please advise...

Hello Apeksha,

The best thing to do is to contact a lawyer and send a notice to your previous company.

Regards, Aravind D

Dear,

You have to hire someone who can send a legal notice and file a case in court. You are entitled to receive the same as well as a relieving letter.

Thank you.

JS Malik

Yes, I agree with Mr. Malik because the employer must follow the law of the land. No woman workman is disqualified or penalized for maternity benefits she is entitled to. Your employer is following unfair labor practices, and his actions are illegal.

They are exercising their power to victimize you, presuming that you will not go to court and file any complaint against them. But employees must exercise their rights, and all HR professionals will appreciate your actions to teach such people a lesson.

It is a general tendency of employees to think that filing a complaint or a court case will not adversely affect their careers. Let me assure you that no fair and just employer will take offense at this.

Partho