Employer Ignoring Leave Rules and Maternity Act: How Can We Legally Address This?

Hi Seniors, my employer is not following any rules related to leaves and the Maternity Act. They keep employees in the probation period even after 1 year, whereas the standard probation period in our company is 6 months.

Guidance on Filing Legal Complaints

Please guide on how employees can file legal complaints regarding these issues.

Regards

Thank you for showing concern about my future, but at this stage, leaving this company is not good for me. I'll leave it after some time but want to know, in case I want to file a legal complaint, how to go about this?

Dear Ms. Jyoti Mudgil,

When an employee has been facing incessant issues with the employer, they may seek assistance by approaching the Labour Commissioner's office and reporting the situation to the authorities. Every employee is entitled to leaves as per the policy, and the employer has no right to deny leave privileges to the staff. The conciliator will work towards resolving the issue to the best of their ability.

Regards

I agree with Sharmila Madam's opinion; you can register the complaint at the labor office. Go there with full details, such as the area you are from, how many employees are with your present company, and under which act your company falls.

As we all know, a large number of employers default in observing legal provisions, evade taxes, and deny employees benefits and leave, etc. These issues are witnessed every day through the helpless and exploited employees despite the strict labor laws and rules enforced in India. It is expected that every affected employee informs and lodges complaints with the appropriate law-enforcing authorities for the redressal of their grievances. Many individuals ignore their rights due to fear of backlash.

What exacerbates the situation is that many central and state government departments, as well as PSUs, are committing such heinous crimes. Everyone should be aware that such commissions and omissions are illegal and punishable, not only with fines but also with imprisonment for those responsible, along with the attachment of their properties, etc., in addition to compensating the complainants. Therefore, compliance with regulations like EPF, ESI, Gratuity, bonus, leave, minimum wages, etc., should be ensured and implemented. There lies a greater responsibility on the employees and their respective unions to make this happen.

Regards,
Kumar S.

Before making a complaint against the employer, it is the HR Head's responsibility to first provide a hint or information to the management about the issues and specifically convey their impact on the employees. Based on the management's response or reaction, a decision can then be made on whether to escalate the issue to the labor department.

Regards,
Raji

Labour inspectors from the Labour Department are employed for the well-being of employee issues, and there is no fee as such. Your detailed complaint (letter) should consist of all the evidence and signatures of the employees. Also, make sure to take a copy of the letter received from the conciliator/labour officer for further inquiry.

Regards

I think your company is not very established. If they follow all statutory norms, in this particular case, it would be better if you request your management and convince them. The Labour Department will prefer only labor issues. I believe you are earning more than 15k; otherwise, ESI Maternity benefits may be applicable to you.

Please consult with your HRM. If you are not satisfied with his or her decision, I advise you to approach the Labour Ministry.

Probation Period Extension and Employee Performance

Confirmation at the end of the probation period is not mandatory. Employees not delivering the desired level of performance can be given another chance to improve their performance by extending their probation period. This usually has to be accompanied by proper counseling.

If a formal communication has been made by the employer about an extension of the probation period and if provisions of statutory compliance like EPF, ESI, etc., are not being violated by the employer, this extension of the probation period can be deemed to be a notice by the management for separation from the company.

I think there is a judgment by the Supreme Court that an employee who has worked more than 240 days will be deemed as a confirmed employee now. If an employer wants to extend the probation period, they need to provide this in writing to the employee after the end of the initially mentioned probation period. Could you please shed some light on this?

You should not approach the probation period with a complaint. First, familiarize yourself with the rules and procedures, or consult with your HR representative for clarification. Overall, consider the situation carefully before seeking outside assistance. It is essential to provide evidence to an external party to demonstrate the genuineness of your case. For this, you must be well-versed in your company's policies to make a valid complaint; otherwise, you may be viewed negatively. Raise your concerns calmly and assertively to increase your chances of success.

I have read various comments, and most of them suggest approaching the labor department. I wonder whether this site is for HR officers or for workers and unions. As far as I know, this site is for HR Officers.

Role of HR Officers

As an HR Officer, it is your duty to properly guide your employer. Do not act against your employer. Your skills come into play in persuading your employer to follow minimum legal formalities. It is true that businesses face challenges, and employers may try to evade legal provisions, but often, that is due to their compulsion. Government officers are responsible for implementing legal provisions, but admittedly, they sometimes fall short of fulfilling their expected duties.

Dear colleagues, open your eyes, utilize your skills, and act like management officers rather than workers and unions.

Regards,
Vibhakar Ramtirthkar
HR Consultant
SVR Associates
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]

In India, most small companies do not follow rules and regulations. All the employers know that they are engaging in wrong practices. Until they start valuing their employees (which they rarely do), they will not be convinced to follow the rules. A person should show some interest in the topic; only then can you convince them. Otherwise, the legal process should be followed to make them feel threatened and bring about some change.

You can certainly use your skills, but the interest of the employer should also be there to listen to you.

Regards

Please read the Maternity Act. It is very simple; one has to apply for maternity leave in the proper format. Submit it to the employer and take his signature; he will follow it. Without following the procedure, the employer is not bound to pay. The labor office should also be informed well in time to avoid further complications. Take him in confidence, and your problem will be solved. Nobody can terminate your service.

Regards,
Satish Verma
Nashik

My employer is not following any rules related to leaves and the Maternity Act and keeps employees in the probation period even after 1 year, where the standard probation in our company is 6 months. Please guide on how employees can file legal complaints regarding the same issues.

Sometimes, I marvel at the posts that are put up! What is your actual problem?
- Not getting leave?
- Not getting maternity benefits (are you pregnant?)
- Not getting confirmation?
- All of the above?

Are you being denied confirmation? Or are you just not getting a confirmation letter? Have you asked the owners about closing your probation period (there may be performance issues)? Have you thought of what defense the company can put up for not confirming you?

Also, most small companies do not bother with paperwork and instead concentrate just on their work. If your company is like that, have you checked whether you are confirmed or still on probation? Mostly, a chat with your boss helps resolve such things, and you know clearly where you stand. Who knows, maybe the matter just skipped his mind as he is used to having you working there, and your status was never in question.

If you do not need maternity leave, then what is bothering you? Let others to whom it applies bother. You should concentrate on what is important to you.

You are not willing to leave the company though you feel it's a bad place to work. That's really funny. Do you think the company is going to smile and say hello when you file a complaint? They will terminate you or simply kick you out, and you can't use the experience as they will give a bad review during future background checks.

Regarding the effectiveness of the legal proceedings, others have already given you a glimpse of what will happen.

I wonder why people are so eager to go for legal action for minor things. When you are at the start of your career, focus on learning and growing so you can get better and more paying jobs. When you are more experienced, then simply choose to work with companies that give you the environment that you want. If you can't get that type of work, then probably it's because you are not capable of it. Focus on improving that.

Regards

Hi Saswat, my problems are all of the above, and yes, I do need maternity leave. Concerning your point about confirmation, you are somewhat correct about the chances. However, I work in the HR department of this company, and other employees, including myself, are also facing these issues. They do not grant a single leave during the probation period, which typically extends beyond a year, and they fail to carry forward earned leave for confirmed employees into the next year. When employees approach me with their concerns and I present them to management, they dismiss them, citing existing policies that they claim will not change. How can I address this issue? I anticipate needing maternity leave in the future, which is why I cannot leave the company at this time or seek employment elsewhere. Therefore, I do not find my situation amusing. I am not only worried about myself but also about other staff members. If the company does not provide maternity leave, individuals will eventually have to leave because they will not be granted a three-month gap. If you must eventually depart from the company, why not assert your rights through legal means? The company's lack of benefits necessitates teaching them a lesson, as it will ultimately harm you if no action is taken.

Best regards

One of my colleagues got confirmation after two and a half years, and even after confirmation, he received the lowest basic salary without any backlog of delayed confirmation. As of today, his CTC is 1.30 lakhs, the lowest in the company, while the new employees working with him in the same category, who are much junior to him, are receiving 1.80 lakhs after confirmation. The management is not addressing his grievance. Where can he lodge a complaint, and how can he overcome this loss?

I somehow missed replying to you. I am not sure if the reply now has any meaning, but still...

You are stuck between hard and unpalatable options. You, being the HR representative, will always be questioned by the employees on their needs. If you can't convince the management, then you will have to accept their stand and inform the employees. Normally, I would suggest that you should not join a company where you don't like the HR rules or leave, but that is not an option for you either at this time.

No leave during probation is common, and the duration of probation can extend if the company requires or wishes. If they value the employee, they will confirm him early. If not, they would not care if he left. There is no law to prevent it. Maternity leave is required to be given by law.

You can choose to fight for the format when you require it. Trying to do something now would result in your termination. You would be protected from termination after you are pregnant. Let others who need maternity leave fight it at this time. Let them file a complaint without your intervention. That is to your benefit not to get involved at this stage.

I hope you realize that the company will react badly if you try to take up any legal action. Do you really want to take on the stress of that kind during pregnancy? Even if you win, you will be terminated immediately after you complete maternity leave. So at best, you will gain 6 weeks' paid leave (or 12 weeks). Be sure that is what you want.

Termination Under TN Shops and Establishment Act

Under Section 41 of the TN Shops and Establishment Act, after an employee has rendered six months of service, they cannot be terminated without reasonable cause. If aggrieved, you can approach the inspector under the Act.

Thanks,
Sushil

I am working in a limited company, and I have been working there for 7 months. However, the company has only paid me for 2 months. Could you please advise me on what steps I should take?

Thank you.

Hi sir, my ex-company gave a bad feedback for the verification to the new company which I joined. Moreover, underage individuals are also working in the company, which is against the rules.

Hi,

I worked for 5.6 years for a company. One day, suddenly our HR called me and asked me to resign on the spot, citing a silly reason. I accepted their decision, but the problem is that they have not paid me for the 2 months after resigning, as per the rules. Since I worked for 5.6 years, the company should pay me gratuity. However, they are not even refunding the gratuity amount. Please help me so that I can claim the amount. It's a humble request.

Thank you.

You need to approach your Labor Commissioner regarding gratuity and payment-related problems. Before that, give a written complaint to your old company listing out the problem areas and non-payment issues. If no reply is received, then quickly approach labor authorities in your area.

Guys, I have a complaint about employees. If employees don't even complete three months in a company and just walk out without completing the notice period, what kind of complaint should employers make? Could someone please suggest?

Hi all, I need guidance from you. I am working as an HR Executive in my company, and after I joined as an HR, I found that this company is not following any rules and regulations of a Pvt Ltd Co. Even though I tried to implement all the rules, I failed to do so. Additionally, they are being partial during the salary process. Now, they have fired me because I am against all these processes and such behavior of management. Please guide me on what kind of steps or actions I can take. I also fear that they will create problems during my F & F.

Thank you.

Regarding leaves, you can complain to HR about the manager for not approving leaves.

Regarding Maternity - What's the headcount of your company? If it's more than 20, then your company has to provide the benefit and follow the Maternity Act.

Regarding Probation - Your manager has to send an email to HR stating that your performance is good and request to transition you to a regular employee. This way, HR can provide you with a formal letter confirming your services.

Hello, I am working as an HR executive in a company. I am six months pregnant, but my company is not ready to give me maternity leave, and they don't assure me of my job. Kindly help me by providing details on where I can file a complaint against my employer. Please share some contact information.

Thank you