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Shyam (Software)     31 March 2014

Unable to go to office due to pregnancy

Hello,

My wife is working in an HR firm in Bangalore and she has 2 years(and 2 lakhs) one sided bond with the company. Its been only 6 months and now she is suffering from severe back sprain and also now she is pregnant. In these circumstances she is unable to be regular to office and carry out her duties and hence would like to leave job. If she leaves the job without getting relieved from the company, what would be the consequences? Would she end up paying the 2 lakhs? We do not have that much money.

The company is Hyderabad registered but they operate out of a small flat in Bangalore with no board. Her position is Trainee Associate though there has been no formal training provided.

The company also put a wrong figure on the ESI contribution in the offer letter which inflated her annual gross salary by few thousands which was not fair at all.

Request expert legal advice on this issue. I can attach the bond document with the names removed if that is required. Please help.

 

Regards,

Vipin



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     31 March 2014

such small level companies do not have money for litigation.  let her submit medical certificte and then see reaction of company.

1 Like

Dr J C Vashista (Advocate)     31 March 2014

I agree with the expert advise of Mr. Sudhir Kumar ji.

Shyam (Software)     31 March 2014

Thanks Sudhir. I agree its not a big level company but they do have pan India presence and a good growth.We are worried what if they take legal action not today but after some years? Did not want to make a bad move without consulting.

V. VASUDEVAN (LEGAL COUNSEL)     31 March 2014

Resignation, long leave or discharge should be permitted by any company on medical grounds subject to bona fide. In the instant case a Doctor's certificate setting out the pregnancy, cause of back pain would be reasonable ground for the management to consider. Hence she can write in simple language supported with the medical certificate and request for waiver of the indemnity bond. Even if the the Company has not put in any name board, it will be covered under the Shops and Establishments Act and if the Company refuses, she can write to the Labour Authorities under the S&E Act expressing our grievance.

Vasudevan

1 Like

Kumar Doab (FIN)     31 March 2014

Hope you shall not mind posting that since how many weeks the Lady is pregnant and what is the expected date of delivery!

 

It is suggested that until the Bond, leave application, medical record, and any other relevant communication...................... is examined in person by a competent and experienced labor consultant/service lawyer the woman employee may avoid submitting resignation.

The Maternity Benefit period i.e. in case of private commercial establishment is 6 weeks prior to expected date of delivery, and 6 weeks after delivery, and another one month for sickness due to pregnancy delivery is protected period for woman employee and employer can't terminate.

 

IN the meantime you may go thru many other threads  that you may find relevant e.g;

 

 

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

 

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

 

 

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

1 Like

Shyam (Software)     31 March 2014

Thank you for your time Mr. Doab. I understand your points. I have some further questions below. Appreciate your expert opinion.

1. My wife is 7 weeks pregnant. Expected month is November 2014. If she takes a maternity leave can the company further extend her bond period of 2 years. There is no such rule mentioned in the bond or company policy document currently.

2. Is there such a thing as a reciprocal clause in the bond where the company should also mention what will be the package if employee is fired or company is closed? Does absence of such a clause make the bond itself invalid?

3. Would you be able to refer me a good labor consultant/service lawyer in Bangalore?

4. My worry is if she takes too long a time off due to pregnancy the company might terminate and sue her?

 

Regards,

Vipin

Kumar Doab (FIN)     31 March 2014

Learned experts have given valuable advice. Kindly follow it.

 

First of all your lawyer should asses in lieu of what extra ordinary favor the Bond is drafted by employer, e.g; Training that adds some extra ordinary skill or qualification to employee, extra ordinary favor, expense on employee……………..!!

You may find the attachments relevant and useful.

Bonded Labor has been abolished.         Your lawyer may opine that the BOND is unconscionable, arbitrary, void, unenforceable……………………………

AS on date the lady does not seem to be covered by the Maternity Benefit Period.

Does the lady show symptoms of stress, anxiety and do the officials of the company bombard her with calls? Record all such calls and learn to drive the calls in manner that suits. The female anatomy is complex and undue pressure may lead to circumstances that may be detrimental to health and affect the ability to reproduce……………………………..The doctor should record the changes properly in medical record. A pregnant woman may get episodes of nausea, vomiting making her unable to work properly………….

It is usually stated in appointment letter that employment can be terminated for absence due to prolonged sickness………………………………..However in case of a pregnant woman employee the catch is that employer can not force to not to get pregnant and can not term sickness due to pregnancy into such category so easily. Still if it does resort to termination then employee is not at fault.

You shall have the option to approach Inspector appointed under Maternity Benefit Act ( by State or Central Govt. as applicable in your case appropriate govt. might be Central) Inspector under (Name of your state) Shops and Commercial Establishments Act.

 

Any new condition should be on mutual agreement. Still the language in the BOND should be carefully studied.

The agreement should promote equitable discretion or it can be termed Arbitrary…………….

 

 Do not hesitate to approach your lawyer.


Attached File : 146402298 417759075 validity of employment bonds.pdf, 146402298 background paper.pdf downloaded: 72 times
1 Like

Sudhir Kumar, Advocate (Advocate)     31 March 2014

you have been given enough advise by Mr Kumar Doab.  You sem to have a problem for every solution.

1 Like

Shyam (Software)     31 March 2014

Thanks everyone especially Mr. Kumar Doeb for such valuable advice.  I will get back with you all if I face difficulties in future.

Thanks Sudhir sir. The presence of this forum and such experienced guys like you are so much of help for us.

T. Kalaiselvan, Advocate (Advocate)     31 March 2014

I agree with the views of expert Mr. Kumar Doab.  There is a ruling by the Central government itself that even the private companies are to adhere to the maternity leave policies framed by the government.  In your case no need to mention that even without a doctor's certificate it is well established that your wife is pregnant, besides, on submitting the doctor certificate, the management has no right to reject the maternity leave application, they have to approve the leave to the level permitted and beyond that if they propose to initiate any legal action, the same can be challenged. You may follow the expert advises rendered above by few experts to tackle the issue.


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