Valarmathy (Technical Lead) 08 January 2015

Maternity leave with full pay

Hi,

I joined a new company 6 months back. I was supposed to travel abroad but only a week after joining the company i got to know that i am a month pregnant and i have informed the respective authority that i can not travel and they also agreed for that, I have an email proof for that. Moreover I had to travel for 2 hrs to reach my office, i was not put into any project, they also said that they are very flexible about timings, since i was pregnant and using public transport i was leaving early ie i was staying at office 7 hrs instead of 8 hrs. after 4 months my hr called and asked me to resign, the reason they stated was that i couldnt travel abroad, and not maintaining 8 hrs at office, and most importantly i was put into a project for 2 weeks but not assigned with any task and they say im not performing well, i was really frustrated and i even asked how they are telling me that im not performing without giving me task and they say it was a client's feedback. I was under extreme pressure cos i was not expecting it and i needed to plan for my financial needs. After few weeks they themselves came back and said i dont have to resign instead they will extend my probation period and I have asked for the maternity benefits and they agreed for that after a week time. Now i'm on maternity leave, i thought during maternity leave i would be paid with full salary, but i got only lesser amount. I again contacted the HR about this but they say they will pay only 70% of the salary. I'm not sure as per law am I eligible to get full payment or just take whatever they pay. Please guide me

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1 Replies

Kumar Doab (FIN) 08 January 2015

1. Download and go carefully thru:

Maternity Benefit Act

( Name of your state) Shops and Commercial Establishments Act

( Name of your state) Shops and Commercial Establishments Rules

All of these should be available at website of Dept. of Labor of your state or you can search thru Google or buy the latest version from market.

2. Since you have supplied the info on pregnancy the establishment has to supply you the requisite forms as prescribed in the Acts/Rules mentioned above and have also to display the Maternity Benefit Act at a conspicuous place in the office and has to supply the Maternity Benefit for period before expected date of delivery in advance @ monthly wages drawn in last 3 months, and has to supply the Maternity Benefit for period after delivery, immediately upon production of proof of having delivered the child…………

You are eligible for another 30 days of Maternity Benefit if you suffer from sickness due to Pregnancy delivery duly certified by the doctor…….

3. Demand of resignation is offence and you can file complaint with police, court of law.

Forced resignation can be termed offence and deemed termination.

Termination during period of Maternity Benefit can not be effected.

The onus to prove may fall upon you hence generate evidence (audio/visual/witnesses) and submit minutes of discussion to good offices of appointing Authority, MD...............

HR is not your employer and is just another employee in company and its actions are illegal, unlawful, bad, unfair and punishable.......

You can lodge complaint with Inspector appointed under :

---- Maternity Benefit Act by appropriate Govt (State or Central as applicable in your case),

---- ( Name of your state) Shops and Commercial Establishments Act,

----Payment of wages Act

---- Labor Inspector ( and Labor Inspector might be functioning as Inspector under above mentioned Acts too……………………the local O/O labor Commissioner can guide you further)

And Women Commission, Employee’s Unions, Female Employee’s Unions, Trade Unions,

It shall be appropriate to proceed under expert advice of your Labor Law Consultant/Service Matters lawyer.

There are many IT/ITeS employee’s unions and they are doing a good job and trade unions like CITU,INTUC,AITUC,BMS etc are willing to embrace the employee’s from your sector….

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/‎

https://itnitesunion.wordpress.com/author/itnitesunion/

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com

https://www.shivsena.org

https://www.amrc.org.hk/node/1088 CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html