Small Company Maternity Leave Dilemma: Can My Friend Protect Her Job?

Dear Sir, I just wanted to confirm some issues regarding maternity leave for one of my friends. She has been working in a company for the past one and a half years. She is now expecting a child. She has submitted an application to the firm stating that she will not be able to come for the next three months. Since the firm is very small, with not more than 9 employees, and does not follow any compliance, they are denying paying any gratuity leave payment.

Although my friend is not requesting to be paid for the 3 months, she wants the company to hold her position for her return after recovery. However, the company has stated that they cannot keep the position vacant for three months, and it would be difficult for her to rejoin the organization.

Is there anything she can do to prevent the company from terminating her?

Note: She does not have a job offer letter from that organization, nor any salary slips or formal communication from the office.

Proof of Employment and Salary Details

Your friend should provide any proof she can to demonstrate her employment at the firm, whether she receives her salary in cash or by cheque. If she is being paid in cash, does she deposit it in the bank? Please provide the forum with all the relevant details so that an appropriate assessment can be made.

Yes, she submits her salary every month but does not disclose the exact amount she receives. She self-deposits the salary, and apart from that, she does not possess any further official documents to establish her connection with the organization.

Feasibility of Claiming Employment Affiliation

Is it feasible for her to claim affiliation solely based on the salary she deposits into her personal account, especially if it does not match the amount she receives from there?

Although she claims to have worked in the organization and mentions the presence of various related documents that mention her name, she is uncertain about their validity.

Ask her to consult an advocate who practices labor law as well. They will help her in obtaining the maternity benefits and ensure she does not lose her job after three months.

Eligibility for Maternity Benefits in Small Establishments

If she is working in a commercial establishment employing fewer than 10 persons, she is not eligible for benefits under the MB Act. If she is a worker and denied employment, she can make a complaint to the Labour Officer under the ID Act.

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Regards