Hi
I worked with company for 1 year 10+ months. I was denied Maternity leave, and asked to resign with a promise to provide rejoining and full cooperation at time of rejoining in terms of WFH and flexi timings.
Now at time of rejoining, employer is not at all cooperating, rather they are asking me to join another branch of office which is 35 KMs away from current office.
Officially, I don't have any written proof of denying ML. Rather they have my resignation. I have all relieving documents.
Can I take any legal action now? It's more than 6 months after I got relieved from my services.
From India, Gurgaon
I worked with company for 1 year 10+ months. I was denied Maternity leave, and asked to resign with a promise to provide rejoining and full cooperation at time of rejoining in terms of WFH and flexi timings.
Now at time of rejoining, employer is not at all cooperating, rather they are asking me to join another branch of office which is 35 KMs away from current office.
Officially, I don't have any written proof of denying ML. Rather they have my resignation. I have all relieving documents.
Can I take any legal action now? It's more than 6 months after I got relieved from my services.
From India, Gurgaon
Please engage a lawer of good repute and serve theme with notice. Explain all facts, despite you may not have certain documents as you said.
I am sure you will get reprieve.
Having said , try to put in record when you initiate correspondence with the company as to facts and give notice of 15 days and then arrange legal notice on same lines.
I dont think the Management has any option to deny the maternity benefit legally and as per Maternity Act.
Do not delay.
From India, Tiruchirappalli
15I am sure you will get reprieve.
Having said , try to put in record when you initiate correspondence with the company as to facts and give notice of 15 days and then arrange legal notice on same lines.
I dont think the Management has any option to deny the maternity benefit legally and as per Maternity Act.
Do not delay.
From India, Tiruchirappalli
Hi,
I appreciate the answer of learned member Mr. Narasimhan but I would suggest you should go for other job option too, because a legal fight with ex. employer will may lead some difficulties while working with them again. You can file a complaint against them and seek help of good lawyer. You don't have proof and court need proof. So think wisely and take decision accordingly. As you said you didn't got salary in the tenure of ML, so you can use this thing in favor of you. Rest seniors can help with more clarity.
Thanks
Monika Sharma
From India, Delhi
I appreciate the answer of learned member Mr. Narasimhan but I would suggest you should go for other job option too, because a legal fight with ex. employer will may lead some difficulties while working with them again. You can file a complaint against them and seek help of good lawyer. You don't have proof and court need proof. So think wisely and take decision accordingly. As you said you didn't got salary in the tenure of ML, so you can use this thing in favor of you. Rest seniors can help with more clarity.
Thanks
Monika Sharma
From India, Delhi
Dear friend,
You have dug your own grave by submitting resignation during pregnency. I do not see anything good come out of a legal battle rather drag you to problems. But you think to go for a legal fight for justice, the resignation from your job would stand as hurdle. You can discuss the matter with a reputed lawyer and do what would be the best for the issue.
You are desperetely in search of job, then the offer of joining your past employer can be an option if other opportunity is not with you.
It would have been better if you could have sought direction before resigning the job. Mr. Narasimhan TS gave his valid views to fight for justice, but one should have patience to reap the benefit legally sanctioned under Maternity Act. Now you and your spouse to decide how to move in the matter for a good.
.
From India, Mumbai
You have dug your own grave by submitting resignation during pregnency. I do not see anything good come out of a legal battle rather drag you to problems. But you think to go for a legal fight for justice, the resignation from your job would stand as hurdle. You can discuss the matter with a reputed lawyer and do what would be the best for the issue.
You are desperetely in search of job, then the offer of joining your past employer can be an option if other opportunity is not with you.
It would have been better if you could have sought direction before resigning the job. Mr. Narasimhan TS gave his valid views to fight for justice, but one should have patience to reap the benefit legally sanctioned under Maternity Act. Now you and your spouse to decide how to move in the matter for a good.
.
From India, Mumbai
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Right to payment of maternity benefits.doc