gratuity job and EL

vandana (Querist) 30 November 2015 This query is : Resolved
Hi I have done job in a private school of faridabad for 7+year.I has resigned last year during my pregnancy as school was not giving maternity leave but they said to call back but now they are not giving back my job. They were not giving gratuity and EL also but in August I argued and said I will go to court then they given gratuity only.and whenever there will b vaccany they will call but they didn't do that.now I want my job and gratuity. Can any one guide what I can do.we were getting epf and esi facility also.also during vmy first pregnancy they were under some case so at that time they given leave but not maternity can I do something on that basis also.they don't ngive any bonus also.they got signed form from everyone that they will not give gratuity ,EL ,bonus etc but it is not legal.please advice

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Kumar Doab (Expert) 30 November 2015
In Other thread by the querist, at following link, the matters have been discussed in detail.

http://www.lawyersclubindia.com/experts/clearing-of-gratuity-549796.asp

You may stated that you have resigned since maternity Benefit was not being paid, and now you want the job back.

Probably you want to claim that the resignation was forced/under duress etc..................or was deemed termination.

Employee can not be terminated during Maternity Benefit period.If you can prove you may succeed to get job back.

Gratuity has already been paid. The interest for the delayed period should also have been paid.

EL: It has been discussed in detail in other thread.It should be paid.

Bonus: If you are eligible it has to be paid.

Maternity Benefit: It has to be paid in time as already discussed in detail on other thread.

If you are unable to resolve all matters on your own you can approach Teacher's Unions/associations/forums and an able labor Law consultant.