Employee is located in whihc state?
The actions of the Boss and HR are probably not his /her own but he/she is executing the inner wishes of employer. Boss and HR is not employer.
Start finding faults with line management/HR and employer.
The action of the company and boss may be termed lay off/retrenchment of a pregnant women.
The lady should have submitted information on pregnancy along with copy Doctor’s Rx showing expected date of delivery under acknowledgment.
She should have explained/narrated the incidences prior to/in the notice of resignation and could have mentioned that her Boss has coerced/forced her to resign on reporting pregnancy, and resignation was extracted in office premises.
Forcing to resign is offence. Employee can lodge complaint. The onus of providing evidence is on employee. Employee should record such transactions (audio/visual), keep witness for use at appropriate time in appropriate forum.
Forced resignation may be deemed termination.
-------Has the lady mentioned reason of sickness due to pregnancy in leave application which was approved: 7th may to 20th may.
----------“When she arrives back after leaves on 22nd May and joined office. ‘
Has she submitted and obtained joining report copy?
--------“ On continous force from her boss, she resigned on same and give one month notice till 24 june 2013 as per company policy.”
She has submitted notice of resignation with date of retirement (future date of resignation).
Employee can withdraw resignation before expiry of notice.
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
https://indiankanoon.org/doc/1452145/
“11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”
-------- Maternity Benefit Act:
“Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}”
{ Has this company done it?}
“(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 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 hereto. {Section 21}“
“The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}
“
“When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}”
“The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.”
“A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}“
“A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 250 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. {Section 8 & Rule 5}“
{This amount has been raised to Rs.3500/}
-------- The Ladies Police, Women Commission, Trade Unions, Govt. are sensitive to such issues.
------The lady may fine tune her representations as deemed fit.
It shall be appropriate to approach a competent and experienced labor consultant/lawyer, show all records, give inputs in person, understand the merits, and proceed under expert advice of your lawyer.
The IT companies are covered under Shops and Commercial Establishments Act of the state.
The o/o Labor commissioner, Inspector under Shops and establishments Act may be approached.
Uttar Pradesh Shops and Commercial Establishments Act, 1962:
Earned Leave, Sickness Leave and Casual Leave
Discharge of employee by his employer: No employee shall be discharged from services by his employer except on the ground that-
- The post held by him has been retrenched.
- He is unfit to perform his duties on the ground of physical infirmity or continued ill-health.
-
- Provisions for employment of children and women: No employer shall knowingly require or allow a woman to work, and no woman shall work during the period of six weeks following the day on which she is delivered of a child.
- Every woman has a right of absence during pregnancy, maternity leave, maternity benefit and interval for rest.
- No employer shall discharge o remove from the service any woman employee on account of or during the period of, absence from duty allowed to her.
- The notice for absence during pregnancy shall be in Form ‘F’. This form shall be made available by the employer to the employee concerned at any time during working hours.
{ The Forum/ Union for IT employees and women employee is IT/ITeS companies, in addition to Trade Unions for all employees}
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
ITHI, a forum
of women employees in IT and ITeS
IT/BPO Voice of India | Facebook
-------“she will not be able to find a new job in next 8 months to 1 year time frame.”
Apparently the company is also looking at this period and has calculated its liability to keep the employee on board without break in service and costs like: wages, PF, Gratuity, medical insurance etc……….
-------The employee can agitate at the location of HQ/town assigned to her, Redg. office of the company, jurisdictional courts as stated in appointment letter.
Valuable advice of learned experts/members is sought.