Maternity Benefit Maternity Benefit

3 years ago

What in case if company has decided to shut it's day operations, not night one and on Watsap they inform all of a sudden, and if pregnant employee mails for maternity benefit officially, her outlook password is changed after her maternity benefit and she is terminated on baseless reason of non-performance. Before her termination, she dropped mail for maternity. What steps she should take now..

Fareed

Responded 3 years ago

A.An employer cannot dismiss a woman for taking maternity leave and cannot serve a termination notice to a woman on maternity leave which expires before the maternity leave ends. Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.

Further, maternity benefit and the medical bonus will have to be paid to a woman who is discharged or dismissed during pregnancy unless it is for gross misconduct.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.It is illegal and punishable.

Issue a legal notice, then move before labour inspector.
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Adv. Sarika Khude

Responded 3 years ago

A.approach Labor Commissioner as soon as possble.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
Many aggrieved employees not approcing Labor Commissioner so such conduct of the Employer is on increasing rate. You can lodge a complaint under section 12 of Industrial Disputes Act and can get appropriate relief. Place the matter on social network and threaten the employer to defame them.
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Rajagopal Sripathi

Responded 3 years ago

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A.Hi
It is highly illegal for an employer to terminate the services of a woman employee who has applied for maternity leave.
The woman employee should issue notices to
1) Her employer and
2) Mark a copy of the said notice to Labour Department and District Collector.
Hope this information is useful.
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Abhimanyu Shandilya

Responded 3 years ago

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A.Send a legal notice to your employer citing Section 12 of Maternity Benefits Act, 1961. As per the Section the employer is not allowed to terminate you or deny you all the maternity benefits. I hope the employer shall look int that.
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Sidhaarth

Responded 3 years ago

A.Such termination without show cause is illegal. Female employee is entitled to all maternity benefits and her service cannot be terminated. Lodge complaint with HR department of company and also report the matter to labour department and HRD ministry.
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