Shreyu 22 April 2018

Maternity Benefits

Hi all My wife has been working with a media company house in Maharashtra for the past 10+ months. She is still on probation. Her company recently decided on downsizing for which she was asked to resign . She had already updated her reporting manager about her expecting a baby soon, but verbally. Then she updated the HR that she was expecting, hence she would not like to resign and would avail her rights to maternity. Suddenly in two days her company gave her a termination letter to which she contested on what grounds ?there was no performance issues nothing, but still the termination letter quoted all of that. She then requested the CEO of the company to intervene in the matter, to her surprise he said the same thing we have downsized and her pregnancy isn't the reason of them to let her go. She said to her CEO that she is willing to work till she is due and also She said that she thinks that she is entitled to her rights for maternity benefits. To which the CEO says it's better you resign or go legally and fight because the company is not in any position to provide you with the Maternity benefits. Please advice me how do we proceed ahead.

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6 Replies

Kumar Doab (FIN) 22 April 2018

Do you have irrefutable evidence of having informed pregnancy in office to bosses, HR person, demand or resignation, Tgt vs performance record to refute reason for termination..downsizing and everything that you have posted or may like to post?

Did company communicate downsizing on record or can you establish IT?

Downs sizing may amount to retrenchment!

Kumar Doab (FIN) 22 April 2018

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN) 22 April 2018

So far CEO has only offered you to trade acceptance of resignation in lieu of termination order!

Isn’t IT?

You may confirm if any allegation of misconduct is leveled in termination order, other than performance issues as posted by you?

If yes, or even if NO ; does company agree to tender notice pay?

What is tentative date of delivery of pregnant woman employee?

Is IT possible to negotiate notice pay, some compensation, maternity benefits, clean reliving BGV and close the matter amicably?

Do you want to approach authorities in Labor Dept, courts, employee/unions ….?

What exactly is your intent and preference?

Have you got the considered opinion of Employee’s/trade union leaders and your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable rules/laws and having successful track record….and worth his/her salt …after showing all docs on record !

If yes, what is the considered opinion?

Shreyu 23 April 2018

Hi, Company - print media house/ newspaper in Maharashtra Her tenure in the company - 10 months Designation head of brand, ( professional band) Had one person reporting into her last, who was also asked to leave last week. Below are other responses: You may confirm if any allegation of misconduct is leveled in termination order, other than performance issues as posted by you? - No , nothing of this sort has been posted or communicated to her . If yes, or even if NO ; does company agree to tender notice pay? - yes 1 month pay will be paid. What is tentative date of delivery of pregnant woman employee? -1st week SEP'2018 Is IT possible to negotiate notice pay, some compensation, maternity benefits, clean reliving BGV and close the matter amicably? - tried reaching out CEO requesting the same but no response from him yet. Do you want to approach authorities in Labor Dept, courts, employee/unions �.? - eventually yes. What exactly is your intent and preference? - primarily we wanted her job back because she would have to be jobless for a long time now because of the birth & post natal responsibilities. Because just 10 months experience doesn't help on the CV,. Also get the maternity benefits otherwise what's the point of working here for the last 10 months. Have you got the considered opinion of Employee�s/trade union leaders and your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable rules/laws and having successful track record�.and worth his/her salt �after showing all docs on record ! If yes, what is the considered opinion? - Yes we are meeting a skilled counsel shortly will update once we know their opinion.