Maternity benefits and termination
11 months ago
I currently work in a IT company and in 6 month of pregnancy and due date in September.
It all started with appraisal and they didn't share the appraisal letter and when asked for it, they started saying no hike and there are performance issues and also they will be in loss when I am on leave for 6 months (maternity leave). so they asked me to resign and plan her last working date as maternity due date and then take a break and search for a new company.
I resisted to resign and then they now came up with one time 6 month lumsum pay.
They are providing 2 options
1. Agree for 6 month lumsum pay and they will decide last working day.
2. if disagreed company will take route of performance issues and make me serve 3 month notice with no maternity benefits ??
I am looking to work till maternity due date and then take maternity benefits one time or over 6 months.
PS:
i. Nowhere they have given detailed performance issues feedback nor they have shared areas of improvement orally or in written.
ii. Joined 8 months ago, successfully completed probation and now full time employee.
s
I am hardworking and never faced this in my career in last 2 companies.
Let's assume company will initiate 3 months notice and can they deny maternity benefits pay either one time or over a period of 6 months just 2 weeks before the maternity leave start date ?
Please also share any other valuable suggestions to handle this situation?
Both the option offered by your Company to compel you to quit the job is highly arbitrary, illegal, and unjustified being a violation of relevant law of the land. It may please be noted that the Maternity Benefit Act, 1961 is applicable to all types of establishments and women employees are entitled to the benefits in course of their pregnancy once they applied for the same to their employer following the provision of said Act. An employer is duty-bound to provide you the benefits provided under the said Act including the grant of maternity leave and payment for the leave period. Refusal of such benefits to employees makes an employer to face prosecution for violation of the mandatory provision of the said Act once it is reported to the concerned Authority.
Don't be scared and be brave to reach out to the office of Labour Commissioner concerned for filing a complaint against the employer over the alleged refusal of maternity benefits and victimization of employee with ulterior motives to resolve your grievance. Once a complaint of victimization is raised and proved against the Company, it will be a lesson for them to change their attitude and stop them from any such unfair labour practice against you or any other employees in the future. As an employer, he is duty-bound to keep his status as a law-abiding citizen to run a venture/business in compliance of relevant laws applicable on the establishment.
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