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Q. Wrongful termination

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Kumari Pooja

posted 11 months ago

Q.Wrongful termination
I went on maternity leave o. 19th March 2018 and notified about my leave till 4th Oct to HR and reported on 5th Oct.. they sent a n email on 11th September asking to join on 17th sep.as 26 weeks completed on 16th September. I replied to that email that I applied for leave till 4th Oct and hence I am reporting on 5th Oct ... When I reported on 5th they first tried to tell me that I have reported late and hence should serve .A notice period.of 3 months and then leave ..Later on towards evening they started exchanging emails on termination without any discussion with me and by 8th Oct a termination letter was sent to me ... I tried speaking to CEO on this matter , sent him an email as well but he did not respond till.date .. I also write to board members on the issue 2 days back and even they have not replied till date.
How should I go about making them withdraw this termination ? I did take additional.leaves but it was informed to them in the beginning itself and again on 11th September..They never corrected me on the date sin the beginning and now making it a big issue and a reason for termination.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 11 months ago

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A. ) The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Section 12(1) of the Maternity Benefit Act 1961 states that when a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. No woman employee can be dismissed on account of her pregnancy. It is the right of the employee to get medical benefits since such grant of maternity benefit is according to the mandate of the law. Complaint to the Designated Govt Official under the Maternity Act.

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Meenakshi Garg

Experience: 2 Year(s)

Responded 11 months ago

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A. ) Mam,
Firstly, I will suggest you to keep mailing them regarding this issue as this is the proof that can be used if you choose to take them to court and file a case against them.
secondly, I want to know on what basis were u employed? Because if it is on contractual basis them there has to be a clause of maternity leaves and then by Maternity (amended) Act, 2017, you can sue them or file a Writ against them for reinstatement and compensation.
Please consult a lawyer ASAP to take an appropriate action before your final termination.

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Kumari Pooja

Replied 11 months ago

I have written to HR, CEO and now to board members as well.. have not received any response from them.
They have already sent me a termination letter on 8th Oct via registered post so I believe it is a final termination from their side
I was recruited as a full time employees and there was no contract for it.
Appointment letter has one clause which says that they can choose to terminate if I am absent from work for 6 consecutive days without any written information however termination will be after legal proceedings.
In my case I notified about my leave via email and there has been no discussion with me and no legal proceedings before sending termination letter to my residence

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Meenakshi Garg

Experience: 2 Year(s)

Replied 11 months ago

Mam,
In that case, you can file Writ Petition and ask for reinstatement and compensation.

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Ambrose Leo

Experience: 9 Year(s)

Responded 11 months ago

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A. ) What is your employment terms & conditions states on termination, You have to file a case before the High Court of your Jurisdiction , better to contact a Professional Labour & Employment & service matter Lawyer from the panel of Vidhikarya quickly to protect your interest.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 11 months ago

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A. ) Dear client kindly file case under industrial disputes Act.If they didn't reply to you then Kindly go through any experienced lawyer who handle this type of cases

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H.

Experience: 17 Year(s)

Responded 11 months ago

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A. ) If you could specify your designation/nature of duties , appropriate advice can be given.

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Kumari Pooja

Replied 11 months ago

My role is of Head of marketing and designation is Manager marketing.
I have been looking into the complete branding, advertising and marketing requirements for the company.

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H.

Experience: 17 Year(s)

Replied 11 months ago

I would like to see the termination letter and also the termination clause in the appointment letter. tBut meanwhile I advise you that provisions of ID Act , are not applicable to you for you are not a workman under the act.

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H.

Experience: 17 Year(s)

Replied 11 months ago

A perusal of appointment letter and termination letter is required for further advice. Surely I D act is not attracted in your case as you are not a workman under the act.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 11 months ago

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A. ) Your issue can be solved under ID Act.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 11 months ago

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A. ) Dear Madam,
Your issue can be solved under the provisions of Industrial Disputes Act. Please contact me through this Vidhikarya.

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