Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sonalb1234 (Software Professional)     06 July 2009

Need guidance regarding maternity law

i am working with a software company with more than 4000 employee world wide, in Mumbai for the last 22 months. So far i have been getting good appraisal results. Now i am expecting (since last 4 months) and this i have already communicated to my PM. i feels from that time onwards the PM and PL were behaving indifferently (thinking that they may not be able to use my full potential and also i am going to be on 2-3 months leave in connection with maternity leave.

Now in the last six monthly appraisal they have given me a rating of 2 (means need improvement). As per the company policy once they give a rating of 2, the concernd employee to work for a performance improvement plan (for 1 month period) and if the 1 month performance is not satisfactory they accordingly terminate the employee. So far seeing the trend those employees whom they wanted to terminate they first put in performance level 2 and subsequently terminate (it seems apparantly there is a news that they want to terminate a group of rmployees some time during this month) .

i refused to sign the performance appraisal sheet mentioning that my performance has never been low to the level of 2. Further i have escalated this to my delivery manager and they plan to have a meeting tomorrow on this with PM and HR

Sir, few things I need your suggestion in this regard

(a) During the period of meternity, can a person’s performance be rated as poor (as obviously one could not work to the same level of expectation as that of normal time) and based on which subsequently terminate the service
(b) As I understand during the period of maternity an employees service cannot be terminated saying that she is of poor perofrmance
(c) What should she mention in my favour while during the discussion
 



Learning

 2 Replies


(Guest)

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATERNITY LEAVE KINDLY NOTE THAT

1.WOMEN ARE ENTITLED FOR MATERNITY LEAVE WITH SALARY.IT IS A PAID LEAVE.

2.KINDLY NOTE THAT DUE TO RECESSION MOST OF THE PRIVATE COMPANIES ARE TRYING TO REDUCE THE EXPENSES ON EMPLOYEES BY REDUCING THE EMPLOYEES.IT IS A TENDENCY TO GIVE SOME FALSE AND FICTITIOUS REASONS AND TERMINATE THE EMPLOYEES.

3.SISTER YOU DON"T WORRY ORELSE IT WILL ADVERSELY AFFECT YOUR CHILD.

4. KINDLY NOTE THAT TO BE ON THE SAFER SIDE YOU CAN FILE A WRIT PETITION IN THE HIGH COURT CONCERNED MENTIONING ALL FACTS OF THE CASE AND ALSO MENTION THE NAMES OF THE EMPLOYEES ALREADY TERMINATED BY THE CO..YOU MENTION THAT YOU ARE EXPECTING AND AS YOU MAY PROCEED ON MATERNITY LEAVE SHORTLY THE COMPANY MAY TERMINATE YOUR JOB.THERE IS REASONABLE APPREHENSION OF TERMINATION. YOU CAN PRAY FOR PROTECTION BY WAY OF WRIT FROM THE HIGH COURT AGAINST THE ILLEGALITIES OF THE COMPANY OFFICIALS BY BREACH OF PROVISIONS OF LAW REGARDING MATERNITY LEAVE. BE CONFIDENT A CAREFUL DRAFTING OF THE WRIT PETITION WILL DEFINATELY GIVE YOU PROTECTION FROM THE HIGH COURT AND PROHIBIT THE CONCERNED CO OFFICIALS FROM TERMINATING YOUR JOB DURING THE MATERNITY LEAVE PERIOD.

KINDLY FURTHER NOTE THAT THERE ARE OTHER OPTIONS ALSO TO APPROACH LABOUR AND INDUSTRIAL COURTS , NATIONAL INDUSTRIAL TRIBUNAL BUT REMEDY  MAY TAKE SOME MORE TIME.HENCE IN A SITUATION LIKE YOURS YOU KINDLY FILE A WRIT PETITION FOR URGENT AND PERFECT LEGAL REMEDY AND DEFINATELY YOU WILL SUCCEED IN GETING PROTECTION ORDER BY WAY OF WRIT FROM HIGH COURT. AND KINDLY NOTE THAT THESE PRIVATE EMPLOYERS AND COMPANIES ARE SCARED OF APPROACHING HC.AS HC MAY TAKE STRONG ACTION AGAINST THE SAID CO. MORE OVER YOUR CO IS HAVING BRANCHES ALL OVER INDIA AND ABROAD HENCE APPROPRIATE REMEDY IS TO APPROACH HIGH COURT.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND EXACT DETAILS OF YOUR OFFER LETTER AND TERMS AND CONDITIONS OF APPOINTMENT  APPOINTMENT LETTER AND DATE OF APPOINTMENT IN THE CO., CONFIRMATION LETTER ON THE SAID POST AND ALSO MENTION THE POST HELD BY YOU.

KINDLY BE CONFIDENT AND BE HAPPY , GOD IS GREAT SO DO NOT WORRY MUCH  AND THINK OF YOUR NEW FAMILY MEMBER  MAY GOD BLESS YOU AND YOUR FAMILY AND FRIENDS.

IN CASE ANY URGENT HELP IS REQUIRED FOR FILING THE SAID WRIT PETITION IN THE CONCERNED HIGH COURT THEN DO WRITE AND SEND THE DETAILS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

Bhavisha (Assistant Manager - HR)     06 September 2009

Dear Mr. Nandkumar,

I am working as a HR Professional in IT company.   I have a query with respect to any female employee opting for maternity benefit of 84 days and thereafter does not resume back to office for some personal reason and intends to resign without joning back.

I would like to know the legal implications in this case.

What the organisation should do in this scenario?  Can organisation recover the notice pay or not.

To be more specific the female employee I am refering is also the wife of the Director of our company.  Kindly suggest with your invaluable inputs.

Regards,

Bhavisha D

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register