I have been working with a private limited company for the last two years. As I am in my seventh month of pregnancy, I received an email from my director regarding my non-performance, not adhering to office timings, and other issues. They are asking me to resign from the company after October 31st, knowing that my delivery date is in November. Despite this, they mentioned that they do not want to lose talent like me and are interested in having me rejoin them in March 2018. What can I do in this situation, as it appears they are taking this action to avoid providing me with maternity benefits?
From India, Delhi
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From India, Delhi
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Dear Madam,
Before starting a discussion, could you please provide the following information:
- Is the ESIC Act applicable in your company?
- What is your date of joining?
- What is the industry type?
This information will help in providing a suitable answer accordingly.
Regards,
Amit
From India, Surat
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144Before starting a discussion, could you please provide the following information:
- Is the ESIC Act applicable in your company?
- What is your date of joining?
- What is the industry type?
This information will help in providing a suitable answer accordingly.
Regards,
Amit
From India, Surat
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Dear Payal, a lot of discussion has already taken place on issues similar to yours. You may check the past threads:
https://www.citehr.com/588745-matern...sons-such.html
https://www.citehr.com/587381-compan...ng-resign.html
https://www.citehr.com/588912-matern...asking-me.html
Check the replies of the experts as well as my replies. Make an action plan on how to handle the situation. Upload the action plan here. Some seniors like me will correct it.
Thanks,
Dinesh Divekar
From India, Bangalore
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https://www.citehr.com/588745-matern...sons-such.html
https://www.citehr.com/587381-compan...ng-resign.html
https://www.citehr.com/588912-matern...asking-me.html
Check the replies of the experts as well as my replies. Make an action plan on how to handle the situation. Upload the action plan here. Some seniors like me will correct it.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Understanding the Applicability of the Maternity Benefit Act
If your company's total manpower exceeds 10 employees, the Maternity Benefit Act becomes applicable, making employees eligible to claim and receive the benefits.
Communicating Your Pregnancy
Have you sent an email or any form of communication to the company about your pregnancy? If yes, please check the copy in your sent items and save it elsewhere just in case. Any electronic communication is legally valid as per the Information Technology Act, 2000. If you haven't informed them about your pregnancy, do so immediately using your employee email ID.
Addressing Performance Concerns
On one hand, they claim your performance is not satisfactory, and on the other, they imply they don't want to lose talent like you. This contradiction suggests they might be trying to avoid paying you the benefits. If you have an email supporting the latter, it will be beneficial.
Responding to Resignation Requests
If they ask you to resign, you may mention that you will be compelled to lodge a complaint with the labor office in your area. This should help resolve the issue. The labor office can address the employer's contravention of the Maternity Benefit Act, which is taken seriously by the authorities.
From India, Mumbai
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If your company's total manpower exceeds 10 employees, the Maternity Benefit Act becomes applicable, making employees eligible to claim and receive the benefits.
Communicating Your Pregnancy
Have you sent an email or any form of communication to the company about your pregnancy? If yes, please check the copy in your sent items and save it elsewhere just in case. Any electronic communication is legally valid as per the Information Technology Act, 2000. If you haven't informed them about your pregnancy, do so immediately using your employee email ID.
Addressing Performance Concerns
On one hand, they claim your performance is not satisfactory, and on the other, they imply they don't want to lose talent like you. This contradiction suggests they might be trying to avoid paying you the benefits. If you have an email supporting the latter, it will be beneficial.
Responding to Resignation Requests
If they ask you to resign, you may mention that you will be compelled to lodge a complaint with the labor office in your area. This should help resolve the issue. The labor office can address the employer's contravention of the Maternity Benefit Act, which is taken seriously by the authorities.
From India, Mumbai
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Dear Payal, two things can't go parallel. On one hand, your management is talking about non-performance, and on the other, they are calling you talented. Do not fall prey to your management's plea of rejoining after delivery. I do not see that your employer will allow you to join. Why resign for nothing when you are guaranteed leave by the law of the land for this cause?
Reply to the email from your employer by simply stating that you are seven months pregnant. Enclose the pregnancy confirmation report, doctor's report, and date of delivery. Apply for leave on these grounds and proceed. Denial of leave would make your employer in violation of provisions granted to a pregnant woman by the law of the land.
Our community members have already guided you to follow the advice. Still, you can consult any advocate for further assistance.
From India, Mumbai
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Reply to the email from your employer by simply stating that you are seven months pregnant. Enclose the pregnancy confirmation report, doctor's report, and date of delivery. Apply for leave on these grounds and proceed. Denial of leave would make your employer in violation of provisions granted to a pregnant woman by the law of the land.
Our community members have already guided you to follow the advice. Still, you can consult any advocate for further assistance.
From India, Mumbai
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Dear Payal, now, as per ESIC norms, if your gross salary is below Rs. 21,000/- per month, the latest ESIC notification has extended maternity leave from 12 weeks to 24 weeks (6 months). If your salary is above this threshold, you can apply for medical leave immediately. First, when you meet with your employer, show them all your pregnancy reports and apply for maternity leave. Otherwise, if they do not accept, you can pursue legal action.
In any situation, do not resign. In the meantime, try to improve your performance if you are considered a non-performer.
From India, Guntur
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In any situation, do not resign. In the meantime, try to improve your performance if you are considered a non-performer.
From India, Guntur
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Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf