Vandana 07 May 2016

Salary not received & no compensation while maternity leave

Dear Sir,

My name is Vandana. I am very much disappointed with the mental harassment a person can go through after resigning in private sector. They are so fearless that they can even skip employees hard earn money and keeps on harassing mentally.

I worked with an engineering college as Assistant Professor. I joined them on 16th Sep 2013 and I worked here till 18th Jan 2016. I went on maternity leave for the duration 27th July 2015 to 18th Jan 2016.

Basically the issue is that neither they released my salary of the month before my maternity leave ( i.e. from 20 June 2015 to 20 July 2015 which is their salary month period) nor they provided any salary to me during the maternity leave. For last three months HR was saying that they will release my salary after the approval of management but not did anything. When i didn't received my salary this month also then i called Director of the college for the same and he said we don't have policy to give last month salary for people who are on maternity leave. He said you have to rejoin when management finds vacancy for you till that you can wait.

Prior to that i went to college on 28th November 2015 for giving application for rejoining and they said okay we will rejoin you at the earliest but after continuous followup at last in the month of Jan 2016 they said that we are conducting interviews for the vacancy and asked me to apply through the job advertisement and i did the same. I applied on 21st Jan 2016 and sat in interview which was conducted on 23rd Jan 2016. Even then they did not rejoined me and not even replied to my calls. I was running short financially so i thought to join some other company. That's why i resigned on 29th February 2016 and took my experience and relieving letter so that i can apply somewhere else to earn money.

The main points to take into consideration are mentioned below -

They didn't provided my July 2015 month salary but in salary certificate they mentioned that i have drawn the same. I have the proof in hard copy and can also submit my bank account statement stating that not a single penny has been transacted from them tome.
No compensation or salary given at the time of maternity leave when it was very much required.

Documents i have along with me are mentioned below -

Offer/Appointment letter.
Maternity leave approved application
rejoining request application
Salary slips
Salary certificate
Relieving and experience certificate
Interview cal mail
bank statement.

Now if i resigned then why not releasing my salary still saying will rejoin you in future.

but i dint want to join them again, worst organisation. Even no compensation at the time of maternity leave.

Kindly advice me what should I do to ethically get my salary back and compensation of maternity leave duration as well.

Do I have to complain in Labour office and what is the procedure to do so.

Can I tweet the same issue to HRD minister as well.

Kindly guide me as I am very disappointed and demotivated with their responses.

please support.

Regards

Vandana

Reply Follow

6 Replies

Kumar Doab (FIN) 07 May 2016

Either you are not properly informed or there is some confusion.

Maternity leave is not discontinuation of service, hence there is no rejoining. MOreover you have posted that your maternity leave was approved.

Maternity Benefit Act; The maternity benefit of 6weeks (or more as per policy of employer) prior to pregnancy delivery has to be paid in advance and maternity benefit of 6weeks (or more as per policy of employer) after pregnancy delivery within 48 hours after employee has informed of

pregnancy delivery.

The emnployer can not decline/disallow joining after approved leave, OR it shall amount to termination and you should be paid notice pay.

The termination during Maternity Benefit period is prohibited.

You have posted that: "

They didn't provided my July 2015 month salary but in salary certificate they mentioned that i have drawn the same. I have the proof in hard copy and can also submit my bank account statement stating that not a single penny has been transacted from them tome."

This amounts to fraud. YOur counsel may opine that you can lodge complaint u/s 406,420.

" Director of the college for the same and he said we don't have policy to give last month salary for people who are on maternity leave. " The employer can superior benefits than provided for in Maternity Benefit Act but not inferior. The stance of Director is illegal/unfair.

You can approach Inspector appointed under;

-- Maternity benefit Act, ( state/central as applicable in your case)

--Payment of Wages Act ( if your wages are upto Rs.25000/pm as per def. of wages as in the Act). This act does not discriminate between 'Workman' 'Non Workman'.

Teachers are not covered by thedef. of 'Workman' so O/o Labor Commissioner is not the right forum.

You can approach; Civil Court, High Court

It is your prerogative to tweet the same issue to HRD minister as well.

It shall be certianly better to consult an able counsel specializing in service matters. Let your counsel structure your representations to suit your interest.

There are many threads on Maternity Leave/Benefit that you cans earch in search option of left hand side of this web page e.g;

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.Vy3V49J97IU

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp#.Vy3V59J97IU

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.Vy3V_tJ97IU

Vandana 09 May 2016

Thank you Sir for your knowledgable advice.

But I have one doubt remaining.

I want to know that according to Matenity benefits Act :

if there is any compensation for a female employee in terms of salary for the post-delivery 6 weeks maternity leave duration.
If yes, then does this act applies to all private insititutions also. Because I was working in a private organisation. And at the time of signing my matenity leave, the Director told me that the institute has no type of matenity leave for any female employee and I can take it for any number of days and there are no maternity benefits in the institute.

Now please tell me, does this law applies to every private firm to give matenity benefits and salary to their female employees for 6 weeks.

And Can I ask for it legally along with my last month salary (before materity).

Thanks and Regards,

Vandana

Ritesh Maity (Labour Law Advocate) 09 May 2016

Where 10 or more employees are employed, the Act is applicable. If it is covered under the ESI Act, then you will be entitled to benefits under the ESI Act and not Maternity Benefit Act.

Kumar Doab (FIN) 09 May 2016

Did you go thru the threads mentioned above? It is simple reading.

If yes, you will get answers to all questions.

" the average daily wage' means the average of the woman's wages payable to her for the days on which she has worked during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity"

"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. "

" The Act applies to (1) every establishment being a factory, mine, plantation or circus; (2) every shop in which 10 or more persons are employed; (3) any other establishment to which the Act is applied by the State Government under the proviso to Section 2(1)"