Hi good day, My wife is 7 months pregnant and she is working at xyz company. every year in October they have the appraisal and as per that they give the increment but due to her pregnancy they are saying that they will give the increment once she is back from maternity leave she will be taking her maternity leave from Jan 2024. Please guide me on the same.
From India, Mumbai
From India, Mumbai
Though an Increment in a scale of pay is a right, it is not a right in a open salary structure where there is no increment offered. To explain, you should have seen scales of pay like, 10000-200-11000-300-12500-500-17500. In this scale, a beginner shall get a basic salary of Rs 10000. Every year he will earn an increment of Rs 200, ie, one year after joining, his salary will become 10200, second year it will become 10400, and so on and five years it will become 11000 and thereafter for each year the increment will be Rs 300 for each year. This is a time scale and the increment is guaranteed. If you want to stop an increment, there should be sufficient reason and shall be done following any disciplinary action. The offer letter will contain a scale of pay above referred and as such it is a right.
In an open scale, there will not be any 'increment' offered at the time of employment. Only a salary and (now it is Cost to Company or CTC) and there is no guarantee that one will get an increment. As such, the management will decide what should be the increment for each person based on various parameters. Obviously, by offering an increment, the management expects more inputs from the employee. As such, if an employee is not expected to remain with us, or if we feel that an employee may leave us (say her marriage has been fixed and she is planning to settle in the US with her spouse after marriage) we will not pay higher increments to her. In the similar way, if an employee is expected to go for maternity leave in another few months, the increment shall be kept on hold.
The law does not speak about non payment of increment but the law speaks only about non payment of salary or dismissal of women while they are pregnant. Therefore, if your wife has not been given increment, you cannot question it. Anyway, the management has said that she will get it once she returns after leave. But if the management has communicated it by means of an order, that can be questioned saying that the refusal to give increment was due to her pregnancy and that was a stigmatic order.
From India, Kannur
4193In an open scale, there will not be any 'increment' offered at the time of employment. Only a salary and (now it is Cost to Company or CTC) and there is no guarantee that one will get an increment. As such, the management will decide what should be the increment for each person based on various parameters. Obviously, by offering an increment, the management expects more inputs from the employee. As such, if an employee is not expected to remain with us, or if we feel that an employee may leave us (say her marriage has been fixed and she is planning to settle in the US with her spouse after marriage) we will not pay higher increments to her. In the similar way, if an employee is expected to go for maternity leave in another few months, the increment shall be kept on hold.
The law does not speak about non payment of increment but the law speaks only about non payment of salary or dismissal of women while they are pregnant. Therefore, if your wife has not been given increment, you cannot question it. Anyway, the management has said that she will get it once she returns after leave. But if the management has communicated it by means of an order, that can be questioned saying that the refusal to give increment was due to her pregnancy and that was a stigmatic order.
From India, Kannur
There is nothing wrong by the employer to hold the increment during maternity leave.
This is fine that employer will release the increment to the employee once she resumed her job. In such cases the employer pay the increment amont from the day it has declared.
The employee should rather focus on her safe delivery but not the increment.
From India, Mumbai
This is fine that employer will release the increment to the employee once she resumed her job. In such cases the employer pay the increment amont from the day it has declared.
The employee should rather focus on her safe delivery but not the increment.
From India, Mumbai
With due respect to seniors I may be permitted to indicate that perhaps the question has not been appreciated in its true perspective. Citehr member states that his wife is 7 months pregnant, he does not say that his wife is availing maternity leave. The other fact emerging from the post is that the company xyz is granting increment to all employees in the month of October every year as a matter of internal administrative policy. Now in this case his wife is performing active duty and there appears to be no adverse report on her performance. Therefore withholding or postponing of increment on the ground of future maternity leave amounts to unfair consideration or can be equated with a penal action in administrative laws of conduct rules and discipline.. It is also pertinent to the context to mention that an increment is allowed on the completed year of service not on any future contingency. In these circumstances the action of withholding or postponing of increment on ground of pregnancy is not a reasonable, fair and justified decision.
2. Further there is no denying that an employer has a right to withhold, postpone or deny an increment but such right should not be discriminatory when exercised as an internal policy at par with other employees. Therefore in my opinion the querist should prefer an application to the management of xyz company to reconsider the decision and allow suitable increment on the basis of
criteria as fixed for the purpose.
With good wishes and regards,
Chandramani Lal Srivastava
Master Consultant - HR/IR-Admin, Tender & Contracts Management
9315516083
srivastavacmlal@gmail.com
New Delhi/04.11.2023/10:36 pm
From India, New Delhi
2. Further there is no denying that an employer has a right to withhold, postpone or deny an increment but such right should not be discriminatory when exercised as an internal policy at par with other employees. Therefore in my opinion the querist should prefer an application to the management of xyz company to reconsider the decision and allow suitable increment on the basis of
criteria as fixed for the purpose.
With good wishes and regards,
Chandramani Lal Srivastava
Master Consultant - HR/IR-Admin, Tender & Contracts Management
9315516083
srivastavacmlal@gmail.com
New Delhi/04.11.2023/10:36 pm
From India, New Delhi
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