Resignation and notice period

Did you inform pregnancy to management? Are you eligible as per ‘Maternity Benefit Act?’

“no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 80 days in the 12 months immediately proceeding the date of her expected delivery.‘

You have posted that:

------“I have completed 7 years of service. “

You have resigned by notice of resignation and thus have notified your date of retirement.

You are eligible for Gratuity and you may submit FormI (under proper acknowledgment preferably by redg. post) for payment of gratuity one month before your date of retirement.

THE PAYMENT OF GRATUITY (CENTRAL)

RULES, 1972

     7. Application for gratuity.-(1)………………    Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

-------“ In april 2013 I resigned as I was pregnant.”

Pregnancy is no reason for a woman to resign or to be asked to resign.

If an employer forces/coerces/pressurizes a pregnant women to resign the employer shall face music. Extracting resignation by coercion/force/pressure is offence. Forced resignation can be deemed termination.

The pregnant woman is protected against termination by the provisions of ‘Maternity Benefit Act’: Section 12: Dismissal during absence or pregnancy.

There are provisions for both imprisonment and penalty for contravention of the Act: section 21  Penalty for contravention of Act by employers..

------“I gave resignation letter with 3 months notice period. They appointed a new teacher in my place.”

“When I went to school after it reopened in june my name was not there in register where I could sign.”

This amounts to discharge.

You may obtain a copy of the register.

You have tendered notice of resignation and resignation should not be accepted before the effective date of resignation ( date of retirement) given by employee:

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers .

 “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.”

Thus if the employee desires so, employee can withdraw the resignation, before the expiry of notice period/date of retirement.

You can also do so.

------“So now the school is demanding 3 months salary from me or a doctors certificate If I dont want to pay the money.”

If school has accepted the resignation with immediate effect (and has issued the acceptance in writing also) the school should tender the notice pay to you.

If pregnant women reports pregnancy it is duty of employer to provide the requisite and prescribed forms to claim the Maternity Benefit.

Also:

“ 6. Notice of claim for maternity benefit and payment thereof. –

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.”

You can provide the copy of Doctor’s Rx/certificate showing expected date of delivery.

It is also duty of the employer to display the Act at prominent places:

“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}”

 The pregnant lady can

Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of  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}. “

This leave can not be refused.

 6. Notice of claim for maternity benefit and payment thereof. –

“ (5) The amount of maternity benefit for the period preceding the date of her expected

delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.”

“ 8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this

Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

It is felt that this amount has been increased to Rs.3500/-

There are many threads on maternity benefit act e.g;

 https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UbGtiNKAqWM

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

You may find these useful.

------“They already took my april salary.”

If employee has tendered notice of resignation, the payment of wages can not be blocked.

Earned wages have to be paid on usual pay day.

Time for payment of FNF dues is also usual pay day.

You may demand pay slip for all month’s of service, FNF statement…………..( Do not accept the FNF statement if it is not correct, rather decline to accept in writing).

If you find it difficult to handle the matter on your own, you may approach a competent and experienced lawyer, o/o Labor Commissioner, Inspector appointed under Maternity Benefit Act, NGO’s, Trade Unions, Women Commission,………….

It shall be appropriate to proceed under the expert advice of your lawyer.

I told them but did not mentioned it in resignation letter.

I want to know that according to the law whether we can resign in the month of april with 3 month notice period or not or it will be considered with immediate effect as they said.

You are pointing out telling, saying…………which is verbal mode.

Policies are approved documents and in printed version.

Gossip and rumor can not be rules and policies.

Notice period and notice pay in lieu of notice period is usually made part of service conditions and is stated in standing orders of the company, appointment letter and is also stated in

(Name of State.) Shops and Establishments Act.

------You may carefully go thru all manuals of the establishment on service conditions, service rules, exit policy, severance policy etc, appointment letter…………..and refer to the clauses and sections on notice period/notice pay/termination……………..

Imp. point is that you have tendered notice of resignation and management has accepted it before expiry of notice so management has to state the rule/clause/ policy vide which it has the right to accept the resignation before expiry of notice and without tendering notice pay.

Management should always circulate the rules, conditions, policies properly by effective mode of communication and keep these in the knowledge domain of the employee.

Policies are approved documents and in printed version.

Gossip and rumor can not be rules and policies.

Management should not behave like a street magician and produce things from thin air.

If no such policy is mentioned in service conditions, appointment letter it is not applicable to employee.

------- As per various publications teachers are not covered as workman.

You have posted that :

“I was working as a teacher in a private unaided minority school which follows the maharashtra government rules of service and labour. I have completed 7 years of service. “

The school is probably being run for gains and profit and might be covered under:

The Bombay Shops and Establishments Act, 1948

And it might have registered under this Act and if registered it should have displayed the registration certificate near entrance on notice board.

You may go thru its section on:

2. Definitions

CHAPTER VII

Leave with Pay and Payment of Wages

35.  Leave;

38. Application and amendment of the Payment of Wages Act.

NOTES

[ЗЗ-С. Application of Maternity Benefit Act for women employees in estabIishment

Notwithstanding anything contained in the Maternity Benefit Act, 1961  (hereinafter in this section referred to as "the said Act"), the State Govern ment  may,  by  notification  in  the  Official  Gazette,  direct  that  all  or  any  of  the provisions  of  the  said  Act  or  the  rules  made  thereunder  shall  apply  to  women employed for wages in all or any of the establishments to which his Act applies, For that purpose, such women employees shall be deemed to be women within the meaning of the said Act. On such application of the provisions of the said Act, аn Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act also within the limits of his jurisdiction.]”

49. Powers and duties of Inspectors.-

55.  False entries by employer and manager.

бб.Notice    of  termination  of  service……………………………………………. NOTE

S.66  -  Discharge  of  an  employee  without  notice  -  Relief  of  reinstatement  and back  wages  -Termination  of  an  employee  without  notice…………….

{{{{{{  SE Act Bombay which is so employee friendly, that it shall can you and your issues too.

38. Application and amendment of the Payment of Wages Act. (l) Notwithstanding anything contained in the Payment of Wages

Act,  1936, (V  ?f

1936)………. the Inspector appointed under this Act shall be deemed to be the Inspector…herein referred to as "the said Act",…….for the purpose of the enforcement of hei provisions of the said Act within the local limits of his jurisdiction.

( Implies that the Inspector under SE Act shall be the Wages Inspector )

[?8 ?. Application of Act VIII of 1923 to employees of establishment.-The provisions of the Workmen's Compensation Act,  1923  (VIII  of  1923),  and the rules  made from time to time thereunder, shall,  mutatis mutandis,  apply to employees  of  an establishment to  which this Act applies, as if they were workmen within t! meaning of the Workmen's Compensation Act, 1923.

( Implies any employee under SE Act shall be eligible as if he is a workman and can invoke WC Act)

^[??-?.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

{ Model Standing Orders: 3.               Tickets,  11.         Payment of wages,  13.       Termination of employment,  15.      Complaints, 17.  Liability of 17[employer].--, 18.          Exhibition of standing orders.-)

51.    Employer [and manager  to produce registers, records etc.  for inspection.

( Implies that if you lodge a complaint the Inspector can not check all records, your personnel file but can take these to his office. You may obtain certified copies and even peruse RTI route.)

Moreover the Inspector is under obligation report every two months as given in Sec.66}}}}}}}

If you find it difficult to handle the matter on your own, you may approach a competent and experienced lawyer and show all the documents to your lawyer and proceed under expert advice of your lawyer.

The lawyer who has seen all docs can advice you best.

Let your lawyer’s opinion be final on all points discussed in this thread.

In the resignation letter I mentioned the notice period but I did not wrote that the reason of resignation. Because of which maternity benefits may not be applied. But cant a permanent teacher give a resignation in april with three months notice period.

You have posted that:

-----“ So now the school is demanding 3 months salary from me or a doctors certificate If I dont want to pay the money. “

You can produce the copy of Doctor’s Rx/certificate and close the matter.

-----“In the resignation letter I mentioned the notice period but I did not wrote that the reason of resignation. Because of which maternity benefits may not be applied.”

If you have informed office in person the office of the company should supply the requisite forms to apply for Maternity Benefits. The employer is duty bound to guide the employee on proper system and processes.

As already posted, from the Act: It is also duty of the employer to display the Act at prominent places:

Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

You may find out if there is any rule like in:

https://www.lawyersclubindia.com/forum/Pregnant-woman-asked-to-resign-81525.asp#.UbKjCdKAqWM

Uttar Pradesh Shops and Commercial Establishments Act, 1962:

Discharge  of employee by his employer:

 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.

-----“But cant a permanent teacher give a resignation in april with three months notice period.”

As already pointed out that the service conditions are explicitly stated in (standing orders), appointment letter, and you may refer to service rules etc………………and that  that if an employee resigns in the month of April, the resignation shall be accepted with immediate effect, and no notice pay shall be payable and rather the employee shall have to tender notice pay.

The printed version of the condition imposed verbally by management upon you has to be found by you by applying your resources (in the school/ministry), and should also to be quoted by your employer who is enforcing such condition on you.

In case you are not satisfied with the imposition of notice pay recovery you may discuss with your lawyer and issue a legal notice/lodge a complaint with Shops and Commercial Establishments Act……….

 ------“They already took my april salary.”

You can demand the salary slip of last month (and all month’s of employment) FNF statement and reason for any deduction to be supplied to you in writing.

Unpaid wages can be claimed under:

- Bombay Shops and Commercial Establishments Act,

-Payment of Wages Act (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

Section: 2. Definitions.-  

“3*[(vi) "wages" means …………………………….

(d) any sum which by reason of the termination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum,

whether with or without deductions, but does not provide for the time within which the payment is to be made;”

 Or you can approach civil court.