Miscarriage related
10 months ago
An employee reported miscarriage, however, did not submit any document for pregnancy or miscarriage. Asked for a month of leave, however she agreed in front of HR to work for next few days and then she will take leave. HR again asked for medical document, she highlighted the same in twitter and the account manager got terminated under disciplinary action for asking the employee to report to work in spite of listening that she had a miscarriage (need to remember, no document for pregnancy or miscarriage was submitted). What should the manager do?
A.Dear Client,
Under the Maternity Benefit Act, 1961 a woman employee is entitled to the benefit available under the Act once she worked for 80 days under the employer preceding the date she applied for the benefit. Sec 10 of the Act states that in case of miscarriage, a woman employee shall, on the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage. Thus, in the absence of any proof of miscarriage and leave petition, the woman employee is not entitled to maternity leave and should report to her workplace. So, the account manager can not be made a victim of such a situation and his service cannot be terminated outrightly without serving him a show cause for his misconduct and without holding any domestic inquiry into the said show cause following the principle of natural justice which amounted victimization and unfair labour practice u/s.2(ra) and fifth schedule of Industrial Dispute Act, 1047. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged victimization and unfair labour practice for the redressal of your grievance failing which you can raise an industrial dispute against the Company before the Industrial Tribunal u/s.2A of the I D Act against the illegal and unjustified termination from service.
Under the Maternity Benefit Act, 1961 a woman employee is entitled to the benefit available under the Act once she worked for 80 days under the employer preceding the date she applied for the benefit. Sec 10 of the Act states that in case of miscarriage, a woman employee shall, on the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage. Thus, in the absence of any proof of miscarriage and leave petition, the woman employee is not entitled to maternity leave and should report to her workplace. So, the account manager can not be made a victim of such a situation and his service cannot be terminated outrightly without serving him a show cause for his misconduct and without holding any domestic inquiry into the said show cause following the principle of natural justice which amounted victimization and unfair labour practice u/s.2(ra) and fifth schedule of Industrial Dispute Act, 1047. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged victimization and unfair labour practice for the redressal of your grievance failing which you can raise an industrial dispute against the Company before the Industrial Tribunal u/s.2A of the I D Act against the illegal and unjustified termination from service.
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A.Dear client,
Please send a legal notice against the employee. If that does not work out, please file a suit against the employee and fight it out in court
Please send a legal notice against the employee. If that does not work out, please file a suit against the employee and fight it out in court
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