Recovery of salary
11 months ago
Sir i worked for company via agency and after month of joining I got to know I m pregnant I informed both agency and company about the same and my team leader and in oct I got to know company is making me an permanent employee on their payroll and it got delayed and in dec 12 I got transferred as permanent employee but before that on nov 26 I delivered baby boy I kept informed about the same I need maternity leave but hey kept soo meeting mail everything and in March they told they won't provide leaves I have to resign I told I need this job but still I have to resign they told they won't give me money and all the sudden I got salary in March not in dec jan and feb now company is asking me return that money instead of giving maternity benefits they told me resign and after torturing post delivery also in mid night they are asking me to return money what to do??
Further details are required to provide any specific legal advice. Regardless, I assume you are asking if you are eligible for maternity benefits and salary. If so, this would be the laws relating to it. The maternity leave given to women comes under the Maternity Benefit Act, 1961 and one condition is that the woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery.
So, in your case, the given details are not sufficient to determine how many days you have worked before claiming the maternity leave. If you have worked for the required period, you would be able to claim your salary in full. A legal notice can be sent and on default of payment even after that, a case can be filed for compensation if the requirements are met.
Anonymous
Replied 10 months ago
Sir i joined the company on 9 march 2022 my delivery was happened on 26 nov 2022 I worked till my delivery date but company is saying you are working through agency so not eligible and asking the amount back which was a credited
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