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RevathiGanesh (Practicing Advocate)     23 June 2012

Notice period salary

1. A BPO terminated one employee without giving written notice(refused to give when asked)  but an oral promise to pay notice period salary.  What step could be taken for default in payment.  Could complaint be given to Labour Commissioner?

2. What action could be taken for termination of women employee in advanced stage of pregnancy ( in order to avoid payment of maternity benefits and leave)?



Learning

 3 Replies

Kumar Doab (FIN)     23 June 2012

1.If BPO employee has stopped attending office and marking attendance BPO may declare him absconding and deny FNF claiming absconding employee is not paid notice pay. Oral promise does not hold good. It seems BPO is inclined to square off the dues and coerce by holding dues and relieving order etc.Employee may submit representation to appointing authority that Mr/Ms...........have prevented him from attending office or as deemed fit.

2.MATERNITY BENEFIT ACT, 1961
                                                                    1
                                              (No. 53 of 1961)


12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from
work in accordance with the provisions of this Act, it shall be unlawful for her employer
to   discharge   or   dismiss   her   during   or   on   account   of   such   absence   or   to   give   notice   of
discharge or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have                    been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:

          Provided   that   where   the   dismissal   is    for   any   prescribed   gross   misconduct   the
employer   may,   by   order   in   writing   communicated   to   the   woman,   deprive   her   of   the
maternity benefit or medical bonus or both.

(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived   of   maternity   benefits   or   medical
bonus or both, shall be final.

(c)   Nothing   contained   in   this   sub-section   shall   affect   the   provisions   contained   in   sub-
section (1).

13. No deduction of wages in certain cases. -- No deduction from the normal and usual
daily   wages   of   a   woman   entitled   to   maternity  benefit   under   the   provisions   of   this   Act
shall be made by reason only of –

     (a)   the nature of work assigned to her by virtue of the provisions contained in sub-
          section (3) of section 4 : or
     (b) breaks for nursing the child allowed to her under the provisions

 

21. Penalty for contravention of Act by employers. -- If any employer contravenes the
provisions      of   this  Act    or the    rules   made     thereunder      he   shall   be  punishable      with
imprisonment which may extend to three months, or with fine which may extend to five
hundred rupees, or with both; and where the contravention is of any provision regarding
maternity benefit or regarding payment of any other amount and such maternity benefit
or   amount   has   not   already   been   recovered,   the   court   shall   in   addition   recover   such
maternity benefit or amount as if it were a fine, and pay the same to the person entitled
thereto.


Attached File : 694639530 maternity benefit act 1961.pdf downloaded: 102 times

chitra gupta (consultant)     23 June 2012

my suggestion is....1)to write a letter to the appointing authority requesting to look into the matter and pass appropriate order within.......days failing which the applicant may approach to the approprite forum seeking its kind intervention(thro"regd.post  and e-mail).......2)without receiving any reply from the appointing authority,the applicant/employee would lodge complaint against the employer according to the payment of wages act and maternity benefit act with the labour commissioner(')thanks.

Bhagwan Tolani (Salaried)     29 June 2012

Dear Sir,

Good Evening!

Answer 1. BPO employee should read his appointment letter for conditions of termination of employment.

Answer 2. In maternity case, no employer can dismiss a female employee who is pregnant. he is bound to give her basic salary in advance for the 6 weeks before delivery and 6 weeks after delivery (When she produce that she delivered a baby).

Please refer to Maternity Benefit Act 1961 for further detail.

 

Rgds


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