Constructive Dismissal and Maternity Rights
I had a constructive dismissal; the private company where I worked cited funding issues and asked me to resign even though I was pregnant and had informed them. After much argument, they agreed to pay three months' maternity benefit. However, I feel that they have violated government laws by asking a pregnant employee to leave, even though there were no performance issues. I would have proceeded on maternity leave from January to March, which means I have lost substantial pay of almost five months at least, as I only received pay for three months plus one month notice period pay.
I don't want to take things further, i.e., to courts and all. What can I do? They made the environment so hostile when they started discussing this that, given my condition, I didn't want to be under any unnecessary stress and decided to leave. Can I cancel my resignation and ask them to take me back? Or can I complain to the labor commissioner about this?
From India, Delhi
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I had a constructive dismissal; the private company where I worked cited funding issues and asked me to resign even though I was pregnant and had informed them. After much argument, they agreed to pay three months' maternity benefit. However, I feel that they have violated government laws by asking a pregnant employee to leave, even though there were no performance issues. I would have proceeded on maternity leave from January to March, which means I have lost substantial pay of almost five months at least, as I only received pay for three months plus one month notice period pay.
I don't want to take things further, i.e., to courts and all. What can I do? They made the environment so hostile when they started discussing this that, given my condition, I didn't want to be under any unnecessary stress and decided to leave. Can I cancel my resignation and ask them to take me back? Or can I complain to the labor commissioner about this?
From India, Delhi
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Steps to Address Resignation Under Duress
Since you have already submitted your resignation (even if it was forced), immediately send a letter via registered post to the employer, requesting to withdraw the resignation and stating the reasons why you initially resigned. It is advisable to have this letter drafted by a lawyer.
Once the company refuses your plea, only then can you approach the labor commissioner. This may lead to legal proceedings. First, decide what you want to do, as you have stated that you "don't want to take things far, i.e., courts."
From India, Kolkata
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247Since you have already submitted your resignation (even if it was forced), immediately send a letter via registered post to the employer, requesting to withdraw the resignation and stating the reasons why you initially resigned. It is advisable to have this letter drafted by a lawyer.
Once the company refuses your plea, only then can you approach the labor commissioner. This may lead to legal proceedings. First, decide what you want to do, as you have stated that you "don't want to take things far, i.e., courts."
From India, Kolkata
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Thank you, Mr. Ritesh. First of all, thanks a lot. Secondly, if need be and I don't see a resolution after dialogue, then I will anyhow take this up legally. Can you please suggest to me where I stand legally given the circumstances? Can I send them a registered post considering the fact that they relieved me, i.e., they didn't want me to serve the notice period and they settled that in full and final settlement.
From India, Delhi
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From India, Delhi
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Clarification Needed on Constructive Dismissal
Your post is confusing. You have written your post in a single sentence, thereby increasing its complexity. What do you mean by "constructive dismissal"? Why did the company tell you to resign? Were you involved in misconduct? Did the company issue you a show cause notice? Did the company conduct any inquiry? Have you informed your employer about your pregnancy? If yes, then how and when did you inform them? On what grounds are you linking your resignation to your pregnancy?
There are many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
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Your post is confusing. You have written your post in a single sentence, thereby increasing its complexity. What do you mean by "constructive dismissal"? Why did the company tell you to resign? Were you involved in misconduct? Did the company issue you a show cause notice? Did the company conduct any inquiry? Have you informed your employer about your pregnancy? If yes, then how and when did you inform them? On what grounds are you linking your resignation to your pregnancy?
There are many questions associated with your post. Please clarify.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Steps After Constructive Dismissal
Without knowing the exact content of the resignation letter and relieving letter, the date of resignation as well as relieving, other communication which can prove that you were asked to resign due to your pregnancy, if any, nature and details of full and final settlement, nature of your company as well as the nature of your job, etc., it will not be possible to advise further.
If possible, contact a lawyer with all documents immediately. Please note that in your case, time is very important. You are required to raise the dispute at the earliest. The merit of the case decreases with every passing day.
From India, Kolkata
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Without knowing the exact content of the resignation letter and relieving letter, the date of resignation as well as relieving, other communication which can prove that you were asked to resign due to your pregnancy, if any, nature and details of full and final settlement, nature of your company as well as the nature of your job, etc., it will not be possible to advise further.
If possible, contact a lawyer with all documents immediately. Please note that in your case, time is very important. You are required to raise the dispute at the earliest. The merit of the case decreases with every passing day.
From India, Kolkata
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You've stated reasons such as fund issues/lack of funds. If the organization is in the closure stage, the legal proceedings will drag on, as you've already mentioned, "don't want to take things far, i.e., courts." If the intention is to set a precedent for others by going legally, by all means, the court and Labour Department will be in your favor only for the compensation you're eligible for. Most of us in India are always negative about our 'delays' in justice, which is not always true. There is a possibility that your management may come to terms with you once you initiate the show cause notice.
If there is nowhere written that you were asked to put down your papers and you've resigned, the court will consider it as resignation and not termination during pregnancy (which is illegal).
The company has paid you for 3 months of maternity benefit plus the notice period. The court will go by this. However, you're eligible for 1 more month of additional maternity benefit only if there are post-maternity complications with supporting documentary proofs, for which the court may instruct the employer to pay you.
From India, Bangalore
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If there is nowhere written that you were asked to put down your papers and you've resigned, the court will consider it as resignation and not termination during pregnancy (which is illegal).
The company has paid you for 3 months of maternity benefit plus the notice period. The court will go by this. However, you're eligible for 1 more month of additional maternity benefit only if there are post-maternity complications with supporting documentary proofs, for which the court may instruct the employer to pay you.
From India, Bangalore
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