pooja rani (NA) 26 April 2015

Women employee fired from mnc

Dear Sir,

Before taking any legal action , i want to check here by posting my query.

I was working in MNC from last 7.8 yrs. I was the loyal employee of that MNC. I took maternity leave last yr and joined company after maternity leave on jan '15 end. I was on bench and did not get any project of my field.

I asked my manager , higher managers and resource team to give me any project related with any field in noida location but the timings should be general as it would be difficult for me to do night shift. They did not find any project for me and after two months they fired me.

they didnt inform em earlier about this firing. Even they have not given any options of project to me so that i could select. They asked me to relocate which was not possible for me. The reason for firing they gave me is relocation.

Now i want to file complaint againt that MNC as i gave my 7.8yrs to this company and they have fired me.

How can they do this to women who joined company after maternity leave. I have small baby, in laws , many responsibilites. I have still not come out of this shock as I lost my job. although they didnt ask me to serve notic period and giving me salary of notice period and gratuity.

BUt i just want to know is this enough for a company to fire a women who joined after maternity leave just because she is not getting project even she is ready to do any type of work ...even technical and non technnical.

Its a kind of harrasment and i want compensation for this.

Kindly suggest how should i proceed.

to whom i shoudl contact for this complaint.

Regards

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5 Replies

hemanth 26 April 2015

I want to know solution of this situation as my wife is almost in same situation

hemanth 26 April 2015

I want to know solution of this situation as my wife is almost in same situation

saravanan s (legal advisor) 26 April 2015

look into the terms and conditions relating to the removal from job in the appointment order.if they havent followed it in your termination from job send them a legal notice asking them to give explanation and if you are not satisfied with the reply you can file a complaint with the labour commissner

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 April 2015

Pregnant employees have the right to take pregnancy leave of up to 17 weeks of unpaid time off work. In some cases the leave may be longer. Employers do not have to pay wages to someone who is on pregnancy leave.

New parents have the right to take parental leave--unpaid time off work when a baby or child is born or first comes into their care. Birth mothers who took pregnancy leave are entitled to up to 35 weeks' leave. Birth mothers who do not take pregnancy leave and all other new parents are entitled to up to 37 weeks' parental leave.

Employees on leave have the right to continue participation in certain benefit plans and continue to earn credit for length of employment, length of service, and seniority. In most cases, employees must be given their old job back at the end of their pregnancy or parental leave.

An employer cannot penalize an employee in any way because the employee is or will be eligible to take a pregnancy or parental leave, or for taking or planning to take a pregnancy or parental leave.

If they do not follow these rules you can give complaint to the labour commissioner office. They take of your problem.

Kumar Doab (FIN) 26 April 2015

You joined duty after duly sanctioned leave. Ideally you should have been allowed to join in same office/ same work. Your contention is that you were not allotted any work and were sitting idle............however the employer may claim that salary was paid for this period........and also that alternative work was provided although at some other location........so as to defeat the claim of lay off/ retrenchment.... ............Company may claim you did not abide by valid order of transfer/ relocation.... Your contention is that alternate work was available in same office and relocation or transfer was malafide........... More would be possible only after examining service conditions and communications in record. Approach an able labor law consultantconsultant/service matters lawyer/Law firm....