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Brijendra Singh   08 November 2015

Discrimination in duty - back from maternity leave

An ex-colleague  working in a different company reached out to me for help. She was on Maternity leave for 84 days .Unfortunately she suffered miscarriage.. Here, I would like to clarify that she did not at any point resigned from her position. However the management assumed, once the baby will be delivered, she would not be joining the company and they found her replacement.

Now when she again joined her company and continued with the old salary. When salary of all others employees are increased in annual appraisal she did not get a raise in her salary. Now, when every body in the company are given Bonus, she is denied the same  . Request advise quoting relevant rules how I could help her.

Thanks



Learning

 6 Replies

Kumar Doab (FIN)     08 November 2015

If she suffered any sickness due to pregnancy delivery she is entitled to 30days additional Maternity Benefit.

Was she the Maternity Benefit of period before delivery in advance and within 48 hours after joining and another Rs.3500/bonus after joining etc?

If she alongwith other employees was entitled to (as per service conditions or precedence) appraisal then it was duty of bosses to initiate and complete the appraisal, in time.

 

If bonus is her eligibility then she has to be paid in time alongwith other employees.

 

Which bonus is it: statutory bonus or some retention/perfromance bonus etc?

Is this bonus stated in appointment letter,CTC sheet etc?

 

What is her salary/month?

 

Kumar Doab (FIN)     08 November 2015

Was she not allowed to resume duty in the same position and in same office?

Brijendra Singh   08 November 2015

Yes, she was allowed to resume her duty in the same position in the same office.

The bonus I am referring to is Statutory Bonuswhich should be as per the bonus act (Minimum 8.33%). She has not been given Medical Bonus as well.

Apart from this, when all office staff has got the annual incremement/ appraisal, but she has not got it. 

 

Kumar Doab (FIN)     08 November 2015

The stautory bonus has to be paid by 30th Nov of employer can be penalized.She will get the same bonus as given to other employees if she is eligible. Employer can pay by its sweet will even if employee is not eligible. If she is eligible but was not paid she can lodge complaint with O/o Labor commissioner.

Medical Bonus: If she is eligible but was not paid she can lodge complaint with Inspector appointed under Maternity Benefit Act.

Appraisal/Increment/Bonus/Medical Bonus: She may first escalate to good offices of appointing authority,MD,Chairman and exhaust the internal options...

 

 

 

 

 

Brijendra Singh   10 November 2015

@Kumar Doab, Thanks for the Guidance. She got her increment and also the Bonus. Wishing you a very Happy Diwali.

Kumar Doab (FIN)     10 November 2015

You are welcome. It is good to hear that sense has prevailed and matter is resolved.

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