Denied Maternity Benefits, Employee Files Labour Complaint
The commissioner asks the firm to reinstate her in the position from which she was fired and ensure all dues are cleared. Though the government has amended the law and extended maternity benefits for female employees to six months, many companies do not seem to be following it. Multiple complaints from female employees about their services being terminated after taking maternity leave or their employers denying them salaries have been filed with labour courts in Pune and Mumbai. While the hearing for many cases is ongoing, the labour commissioner has ordered an architecture firm from Pune to reinstate their employee and clear the dues. Forum for IT Employees (FITE), an organization working against discrimination against such employees, has now decided to start an awareness campaign on this backdrop.
Rutuja (name changed to protect identity) had joined KTGY, a planning and architecture company, in July 2014. In 2016, she realized that she was pregnant. So she informed her immediate bosses about her condition and told them the tentative date from which she would be going on leave. While her due date was in December, she was advised to take rest by the doctor from November 10 due to medical reasons. So she sent an email to her supervisors updating them about her condition and went on leave. She delivered her baby on November 30, and everything was fine until she applied for an extension of her leave due to medical reasons.
Speaking to Mirror, she said, “I was unwell and so was my child. So I requested my employers to extend the leave further. While they allowed me to do that, they also clarified that it would be an unpaid leave. When this period was over, I informed my boss that I would be joining on April 20. My boss said that he needed to talk to me before that. So accordingly, I went to the office and joined on that day. After working for the entire day, my boss called me and told me that they had terminated my services. I was shocked to hear this as till then, even during the leave, my boss was communicating with me with work-related queries, and I used to reply as and when I could. I sent mails to every possible authority, but no one replied. So I finally decided to approach the labour commissioner with the complaint.”
After hearing both sides, the labour commissioner has ordered the company to reinstate Rutuja and clear all her dues till the date she joins. However, despite the order, she still hasn’t heard from the company.
Assistant labour commissioner Nikhil Walke said, “While investigating her case, we found out that this company had meted out similar treatment to another employee. While they had sanctioned this other employee’s leave, they had not paid her salary for the leave period. So considering this situation, we sent a notice to the company and asked them to clear all her dues. Even in Rutuja’s case, we have asked the company to reinstate her and pay the dues. If the company fails to do so, then we will take further action.”
He further highlighted that the number of such cases has been increasing in corporate companies. He said, “We look at corporates as entities abiding by all the rules. But it has turned out that this is not the case. We have received complaints from employees not getting salary during the leave, and also about harassment during this period as well as cases of leave being denied. The hearing for these cases is in process, but they need to abide by the law.”
Considering the situation, FITE has decided to start a campaign to create awareness on the issue. Elavarasan Raja, general secretary, FITE, Maharashtra, said, “Almost 5 to 6 employees from various companies in Pune and Mumbai have approached us with the complaints. Most of the cases are about companies not giving them salary during leave and denying them maternity benefits. We are educating these employees about the law and are helping them register the cases. Considering the situation, we have also decided to start an awareness drive in the month of April.”
■ We look at corporates as entities abiding by all the rules. But it has turned out that this is not the case.
https://punemirror.indiatimes.com/pu...w/63307006.cms
People entitled to facilities should be bold enough to fight for rights while always being a good employee and contributing to the growth of the organization. Laws are there to help, and in many cases, favorable judgments/solutions are received.
From India, Pune
Acknowledge(0)
Amend(0)
3180The commissioner asks the firm to reinstate her in the position from which she was fired and ensure all dues are cleared. Though the government has amended the law and extended maternity benefits for female employees to six months, many companies do not seem to be following it. Multiple complaints from female employees about their services being terminated after taking maternity leave or their employers denying them salaries have been filed with labour courts in Pune and Mumbai. While the hearing for many cases is ongoing, the labour commissioner has ordered an architecture firm from Pune to reinstate their employee and clear the dues. Forum for IT Employees (FITE), an organization working against discrimination against such employees, has now decided to start an awareness campaign on this backdrop.
Rutuja (name changed to protect identity) had joined KTGY, a planning and architecture company, in July 2014. In 2016, she realized that she was pregnant. So she informed her immediate bosses about her condition and told them the tentative date from which she would be going on leave. While her due date was in December, she was advised to take rest by the doctor from November 10 due to medical reasons. So she sent an email to her supervisors updating them about her condition and went on leave. She delivered her baby on November 30, and everything was fine until she applied for an extension of her leave due to medical reasons.
Speaking to Mirror, she said, “I was unwell and so was my child. So I requested my employers to extend the leave further. While they allowed me to do that, they also clarified that it would be an unpaid leave. When this period was over, I informed my boss that I would be joining on April 20. My boss said that he needed to talk to me before that. So accordingly, I went to the office and joined on that day. After working for the entire day, my boss called me and told me that they had terminated my services. I was shocked to hear this as till then, even during the leave, my boss was communicating with me with work-related queries, and I used to reply as and when I could. I sent mails to every possible authority, but no one replied. So I finally decided to approach the labour commissioner with the complaint.”
After hearing both sides, the labour commissioner has ordered the company to reinstate Rutuja and clear all her dues till the date she joins. However, despite the order, she still hasn’t heard from the company.
Assistant labour commissioner Nikhil Walke said, “While investigating her case, we found out that this company had meted out similar treatment to another employee. While they had sanctioned this other employee’s leave, they had not paid her salary for the leave period. So considering this situation, we sent a notice to the company and asked them to clear all her dues. Even in Rutuja’s case, we have asked the company to reinstate her and pay the dues. If the company fails to do so, then we will take further action.”
He further highlighted that the number of such cases has been increasing in corporate companies. He said, “We look at corporates as entities abiding by all the rules. But it has turned out that this is not the case. We have received complaints from employees not getting salary during the leave, and also about harassment during this period as well as cases of leave being denied. The hearing for these cases is in process, but they need to abide by the law.”
Considering the situation, FITE has decided to start a campaign to create awareness on the issue. Elavarasan Raja, general secretary, FITE, Maharashtra, said, “Almost 5 to 6 employees from various companies in Pune and Mumbai have approached us with the complaints. Most of the cases are about companies not giving them salary during leave and denying them maternity benefits. We are educating these employees about the law and are helping them register the cases. Considering the situation, we have also decided to start an awareness drive in the month of April.”
■ We look at corporates as entities abiding by all the rules. But it has turned out that this is not the case.
https://punemirror.indiatimes.com/pu...w/63307006.cms
People entitled to facilities should be bold enough to fight for rights while always being a good employee and contributing to the growth of the organization. Laws are there to help, and in many cases, favorable judgments/solutions are received.
From India, Pune
Acknowledge(0)Amend(0)
Employee Rights and Legal Challenges
There has always been an attempt to deny employees what is legally due and payable. Different tactics like threatening and coercing to resign are used to deny even statutory benefits. Individual employees find it difficult to counter such situations and sooner or later abandon all hopes of fair treatment and move further.
The efforts of organizations like FITE are laudable, as the IT sector is well known for exploitation. In addition to approaching the Labour Commissioner, one may consider approaching the State Women's Commission, which also takes an active interest in protecting women's rights.
From India, Mumbai
Acknowledge(0)Amend(0)
There has always been an attempt to deny employees what is legally due and payable. Different tactics like threatening and coercing to resign are used to deny even statutory benefits. Individual employees find it difficult to counter such situations and sooner or later abandon all hopes of fair treatment and move further.
The efforts of organizations like FITE are laudable, as the IT sector is well known for exploitation. In addition to approaching the Labour Commissioner, one may consider approaching the State Women's Commission, which also takes an active interest in protecting women's rights.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
Employee Benefits.doc