Company asking me to resign in my 8th month of pregnancy
Deepthi
(Querist) 16 December 2016
This query is : Resolved
Dear Seniors,
I have joined my Organisation in Jan 2016 as Asst.Mgr - HR.
I got pregnant in May 2016 and on 11 July 2016 I told my Boss i.e Director of Co. that I am pregnant.
On 16 July 2016, my director told me that you are not performing and gave a Performance Improvement plan. All the points mentioned in the letter were activities of a Head HR not Assistant Manager - HR. During my joining I was not told that I will have to Head HR activities also.The letter stated they will check my performance till 31 July 2016 and will take a call.
Then my company hired a Head HR on July 25 2016, who was supposed to check my performance. But my company asked the Head HR to resign due to his performance on Oct 10,2016.
Now I am in my 8th month of pregnancy, my company has made me work all these months and now they are asking me to resign on immediate basis. i.e 31 December 2016 again stating performance.
Till July 2016, I had never received any performance related issues.They are forcing me to resign after he came to know that I am pregnant. This is to save the 3 months paid maternity leave which I will get in case I stay in the company. The company has a good maternity policy on papers but is forcing to resign in order to save money.
Please let me know what can I do. I would like to go legal on this. Kindly guide me as I feel cheated and insulted for making me work till 8th month and now that I am ready for my maternity leave, they are forcing me to resign.
Regards,
Deepthi
Kumar Doab
(Expert) 16 December 2016
Record the demands of resignation (audio/visual/minuted/witnessed)?
Download the KRA's, performance details, PIP policy, PIP forms signed by you and any bother detail that is relevant.............
Thereafter submit a gentle representation stating that on dated.................you have informed of your pregnancy and tentative date of delivery and submitted Dr's Rx showing the same................( attach copy) Narrate that on dated..............Mr/Ms............has included you in PIP..................and you have already pointed the following ( variances/explanations etc )..............on dated................again..............you have been asked to resign................within dated...........
Build some ground.............
Remain gentle and amiable...............
Kumar Doab
(Expert) 16 December 2016
GO thru:
http://www.news18.com/news/india/karnataka-labour-department-asks-us-it-firm-to-pay-rs-12-5-lakh-to-techie-for-sacking-her-724144.html
Kumar Doab
(Expert) 16 December 2016
You can go for stay on termination, complaint with Inspector appointed under Maternity Benefit Act ( State/central), women commission,..............Senior Officials of Dept. of Labor...........
Deepthi
(Querist) 16 December 2016
Thank you Mr. Kumar for your reply. The director has asked me to resign over an email. Though I had replied him the facts . He again sent me a one liner that you are not performing hence we would like you to resign.
They have not given me confirmation letter as I am pregnant. I have not resigned yet. I was not shared any KRA during my joining. I have completed 11 months in this company.
Kumar Doab
(Expert) 16 December 2016
The emails asking to resign and one liner are matter of record.
Performance is difficult to prove.
You may better approach a very able counsel specializing in service maters, ASAP, and defend your interest as it suits to you.
Kumar Doab
(Expert) 16 December 2016
There are publications of similar matters and compensations awarded to employees.
Rest you may decide that is best for you.
Rajendra K Goyal
(Expert) 16 December 2016
Get print of all the e-mails.
May move as advised by the expert Kumar Doab.
Kumar Doab
(Expert) 16 December 2016
You may also go thru:
http://fite.org.in/2015/01/13/madras-hc-stays-tcs-to-terminate-a-women-employee-a-ray-of-hope-for-many/
Madras High Court
Sasirekha Thangavel Natarajan vs Labour Court-Iii on 20 January, 2015
https://indiankanoon.org/doc/172406059/
Kumar Doab
(Expert) 16 December 2016
You may also go thru strikingly similar situation at:
http://blog.ipleaders.in/why-a-recent-landmark-decision-by-the-karnataka-labour-department-epitomizes-the-need-to-have-robust-labour-laws/
Kumar Doab
(Expert) 16 December 2016
What is this establishment; Commercial, Industrial?
What is its nature of business?
You are located in which state?
How many persons are employed with it?
What are duties on record?
Do you have any powers to sanction ( not just recommend) leave/increment/appoint/terminate/appraise etc etc?
Can anyone change your recommendations/
Do standing order apply; Model/Certified and is your designation covered by certified standing orders?
Kumar Doab
(Expert) 16 December 2016
You may also relate with;
THE MATERNITY BENEFIT ACT, 1961
4. Employment of, or work by, women prohibited during certain
period.-
5. Right to payment of maternity benefit.
12. Dismissal during absence of pregnancy,.
http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf
Kumar Doab
(Expert) 17 December 2016
THE MATERNITY BENEFIT ACT, 1961
5. Right to payment of maternity benefit: 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
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 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.
So submit the Dr's Rx showing tentative date of delivery and claim advance payment.
Kumar Doab
(Expert) 17 December 2016
You must have gone thru the details in Clause;
12. Dismissal during absence of pregnancy,.
in :::THE MATERNITY BENEFIT ACT, 1961 .
The employer has not alleged any misconduct.
The employer has asked you to resign.
Kumar Doab
(Expert) 17 December 2016
You have posted that:
"Thank you Mr. Kumar for your reply. The director has asked me to resign over an email. Though I had replied him the facts . He again sent me a one liner that you are not performing hence we would like you to resign.
They have not given me confirmation letter as I am pregnant. I have not resigned yet. I was not shared any KRA during my joining. I have completed 11 months in this company."
If NO KRA's were shared while joining then were KRA's shared on record later?
If NO; the performance is measured against what? On what parameters you are included in PIP?
Kumar Doab
(Expert) 17 December 2016
Noted: From your first post that: All the points mentioned in the letter were activities of a Head HR not Assistant Manager - HR. You may down load the diagram/paradigm of hierarchy in company showing you below Head-HR. YOU may also download the evidence that YOU were never ever asked to officiate as Head-HR and paid any extra remuneration to act as Head-HR. Your extension of probation as Assistant Manager - HR is classical evidence that you were not considered fit to be as Assistant Manager - HR then how can you be Head-HR.
Kumar Doab
(Expert) 17 December 2016
However inclusion in PIP, extension of probation, demand of resignation can have disastrous effects on your employ-ability and career.
The remarks in personnel file can haunt you during reference checks, BGV..............in future.
Therefore the adverse notes/notings should be called back and erased and nullified on record with a copy to you.
Kumar Doab
(Expert) 17 December 2016
Since resignation has been demanded from you::::IN other call of termination:::
IF and IF you can apply your own skills and or skills of your counsels::: you may negotiate and get the adverse notes/notings should be called back and erased and nullified on record with a copy to you.......and get your employment confirmed and resign later...............with relieving docs with good comments ...........
OR get these adverse comments called back from lawful authorities, court of law.....
Guest
(Expert) 17 December 2016
Ms. Deepthi,
Have you understood anything, what exactly is the advice through all the 15 posts of Mr. Kumar Doab, as against your single problem?
Kumar Doab
(Expert) 17 December 2016
P.S.Dhingra,
How and why you are concerned with any of the post, posted by me and concerned with any understanding by author Mrs. Deepthi?
Why you are intercepting my posts?
You are not author Mrs. Deepthi.
You have nothing else to do, than time and again, intercepting to attack me?
Guest
(Expert) 17 December 2016
Mr. Kumar Doab,
My query was not addressed to you. Do you have any authority to reply on behalf of Ms. Deepthi? If she has any objection to my question to her, why you are intercepting my query made only to her?
Rajendra K Goyal
(Expert) 17 December 2016
You can proceed as guided by the expert Kumar Doab.
Kumar Doab
(Expert) 17 December 2016
P.S.Dhingra,
You have named me.
I have full authority.
With full authority I have prohibited and prevented you, in the past also.
Hope this time you will be satisfied with one only, very simple only fitting reply to you.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
In addition to information, rules, ACT, citations, information's shared with you in this thread there are many threads at LCI on similar queries.
I have posted extensively in such threads and shared wholeheartedly.
YOU can also search in 'Search' option titled;
'Search Q & A' at middle of right hand side of this web page
and
also in search option titled 'Search Forum' on right hand side of bottom of web page in Forum section.
If required I will post 15 more posts, 15 citations and suggest 15 counsels/lawyers/law firms, and even more to you.
Kumar Doab
(Expert) 17 December 2016
Needless to mention you may go thru profile of all experts that have posted in this thread and all Activities, Threads, Forum,Experts etc under their profile.
YOU will notice the matters that shall give enough signals to be 'Beware..................'
Deepthi
(Querist) 17 December 2016
Dear Mr. Kumar,
Thank your for your replies
What is this establishment; Commercial, Industrial? - Private limited, Retail Company
What is its nature of business? - Retail stores
You are located in which state? Maharashta, Mumbai
How many persons are employed with it? 150 employees
What are duties on record? During my interview, they said this profile is similar to your earlier profile. No duties mentioned on record.
Do you have any powers to sanction ( not just recommend) leave/increment/appoint/terminate/appraise etc etc?
I do not have any one reporting under me. I have not taken decision for any of the above mentioned points for any employee
Can anyone change your recommendations/
Head of departments & Director
Do standing order apply; Model/Certified and is your designation covered by certified standing orders? I am not aware.
Deepthi
(Querist) 17 December 2016
Dear Mr. Kumar,
I have not given my resignation letter yet. Though I feel like going to Labour officer and asking for guidance if I am right or the company is right in asking me to resign in the 8th month of pregnancy. If I was not performing why have they kept me in system for 11 months?
What if I do not resign? I am sure they will terminate me on the ground of performance. Is this legally right on the part of the company?
Kumar Doab
(Expert) 17 December 2016
Pls find out about application of standing orders.
At Mumbai, Maharashtra there have been many good officers in Dept. of labor.
Local Certifying Officer, DLC can update you on application or exemption from standing orders.
Proceed as suggested.
Kumar Doab
(Expert) 17 December 2016
Your employer is cultivating Non Performance, PIP, probation Period, extension of Probation Period for as perceived by him; Non Stigmatic Termination....................
It shall be better to build suitable written record.
You may submit another fitting reply to his demand to submit resignation by 31-12-2016...............
Guest
(Expert) 17 December 2016
Mr. Kumar Doab,
Very silly point raised by you! When advice has been given in your name only, so with whose reference, I could ask the author about the advice, if she could derive anything out of that?
Guest
(Expert) 17 December 2016
Ms. Deepthi,
Just see, even in his two more posts, he has not replied even your latest question, i.e., "Is this legally right on the part of the company?"
Kumar Doab
(Expert) 17 December 2016
Dhingra,
You have posted that:
"Mr. Kumar Doab,
My query was not addressed to you. Do you have any authority to reply on behalf of Ms. Deepthi? If she has any objection to my question to her, why you are intercepting my query made only to her?"
"Ms. Deepthi,
Have you understood anything, what exactly is the advice through all the 15 posts of Mr. Kumar Doab, as against your single problem?"
"Mr. Kumar Doab,
Very silly point raised by you! When advice has been given in your name only, so with whose reference, I could ask the author about the advice, if she could derive anything out of that?'
"Ms. Deepthi,
Just see, even in his two more posts, he has not replied even your latest question, i.e., "Is this legally right on the part of the company?"'
Nothing else.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
I have already provided with respective clause from the Act on Dismissal and what constitutes to be Maternity Benefit Period.
5;(2) Explanation......
"1*[(3) The maximum period for which any woman shall be entitled
to maternity benefit shall be twelve weeks of which not more than six
weeks shall precede the date of her expected delivery:]
"
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
It is believed that you are not covered by ESIC.
Thus you can calculate from the tentative date of Pregnancy, Maternity Benefit Period, prior to delivery and after delivery.
In addition the Act also provides for Bonus and additional 30 days of Maternity Benefit in case of sickness due to pregnancy delivery.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
You have posted that;
"Dear Seniors,
I have joined my Organisation in Jan 2016 as Asst.Mgr - HR.
I got pregnant in May 2016 and on 11 July 2016 I told my Boss i.e Director of Co. that I am pregnant.
On 16 July 2016, my director told me that you are not performing and gave a Performance Improvement plan. All the points mentioned in the letter were activities of a Head HR not Assistant Manager - HR. During my joining I was not told that I will have to Head HR activities also.The letter stated they will check my performance till 31 July 2016 and will take a call.
Then my company hired a Head HR on July 25 2016, who was supposed to check my performance. But my company asked the Head HR to resign due to his performance on Oct 10,2016.
Now I am in my 8th month of pregnancy, my company has made me work all these months and now they are asking me to resign on immediate basis. i.e 31 December 2016 again stating performance.
Till July 2016, I had never received any performance related issues.They are forcing me to resign after he came to know that I am pregnant. This is to save the 3 months paid maternity leave which I will get in case I stay in the company. The company has a good maternity policy on papers but is forcing to resign in order to save money.
Please let me know what can I do. I would like to go legal on this. Kindly guide me as I feel cheated and insulted for making me work till 8th month and now that I am ready for my maternity leave, they are forcing me to resign.
Regards,
Deepthi
"
The moment you informed pregnancy your director put you n PIP. The KRA's claimed are of Head-HR and not you.
{ Here you need to minute that you informed pregnancy and submitted Dr's Rx showing tentative date of pregnancy and copy is attached once again for ready reference}
From fixed date: 31 July 2016 your Director did not inform you of any issue post PIP.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
Your Boss i.e HOD did not place you in PIP till he was in company.
Neither your Director include you in PIP, while there was HOD.
After HOD has left once again Director has issued you a directive to resign.
The communications if any exchanged are with you.
You must have referred these in your explanation.
You have not clarified that did you receive any communication on extension probation period or not........and if you countered it with your explanation on record based on facts?
You can counter these NOW as well.
Thus as pointed out by you the Director seems to be inclined to circumvent the clauses and benefits of Maternity Benefit act also.
You do not agree to performance and PIP, as per your post.
looking into the points posted by you the action of Director does not seem to be just and proper.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
Another pertinent point is that:
Pregnancy is not misconduct.
Performance can not be based on rumor,gossip,hearsay.
If you separate NOW assuming by thought of resignation in your sub-conscious mind, that you have hinted in your last post, you may again face the situation due to pregnancy from next employer and may remain out of employment for ..................days/months.
Therefore you need to defend your interest in the best possible manner.
The links,citations that have been shared with you, you may show these to elders of your family, seasoned employee's/trade union leaders, NGO's, your own counsels etc etc..................
In addition I have sent you other links that you may carefully go thru......
Do not accept any blot on your career.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
I am also sending you contact details of Dept of Labor official................
I have spoken to him for another author sometime back and found him very reasonable...............It is upto you to access him if he is available................or anyone else by your own resources.............
He was nice and asked me to come to give orations in some of the programmes..................however I could not.
If you succeed to put your feet on tail of such unscrupulous employer, you can have a lever and handle to command negotiations as well................
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
These details and links are shared in strict confidence. Pls maintain confidence.
Kumar Doab
(Expert) 17 December 2016
Author @ Mrs. Deepthi,
So far I have not posted the names of LCI experts from Mumbai.
Otherwise Dhingra would have posted his itch on that as well.
Dhingra has his uncontrollable itch that aggravates on seeing names of LCI experts from Mumbai.
You may avoid the persons loitering and posing as Experts at various portals to fleece unsuspecting querist/authors.
Do visit profiles of all experts and items placed by LCI under profile, carefully.
Guest
(Expert) 17 December 2016
Mr. Kumar Doab,
By the way, what was your object to copy of my complete posts addressed to Ms. Deepthi and to you and also the total copies of Ms. Deepthi's queries and clarifications on this page?
Also, are you afraid that I may not find fault in your advice to Ms. Deepthi, as you instructed her "These details and links are shared in strict confidence. Pls maintain confidence," as usually your advice is superfluous.
Further, what exactly is your advice in nut shell, which you could have given through one or two posts, but you had to make 28 posts addressed to Ms. Deepthi just for her single problem?
Also, if you have sent her a list of experts to the author, don't you directly admit that you have failed to sort out her problem?
Kumar Doab
(Expert) 17 December 2016
Dhingra,
Your trademark itch and your own problems with your own persona that you have exposed in unlimited number of threads at LCI, won't let you see any logic and value in any of my posts.
Keep on counting my posts.
Pass your time in meaningless acts in this thread also.
But you are doling it at the cost of peace and tranquility that you can attain in doing some meaningful act and if that is also not your choice, by spending quality time with your family in your leftover days.
Why don't start meeting your teachers ( if you had any) again with printouts ( at your cost) of all of your threads at LCI and let them ascertain and guide you?
Guest
(Expert) 17 December 2016
Mr. Kumar Doab,
Your problem is that when you don't find any answer to my questions, you make very very vague posts, as is revealed from your last post, which reveal your own itching, irritation and frustration.
Is there any specific reason that you have not replied my questions?
People come here for simple solutions to their problems, but you post several puzzles for them by suggesting extremely long routes with no ends.
Kumar Doab
(Expert) 17 December 2016
Dhingra,
Your problem is that you are unable to provide solutions.
Your other problem is that you are here to advertise and allure the unsuspecting querists/authors to you and your so called consultancy to extract your fee from so called ON LINE Consultations.
I am sure in this thread also you will not post the link to threads where you were find blank; having NO knowledge: leave apart expertise: and commanding querist/authors to contact you by phone/email and seek appointment and pay your fee.
Kumar Doab
(Expert) 17 December 2016
Dhingra,
You can not ask any question since you have been prohibited and prevented by me enough number of times.
And you are aware of it.
You are also aware that you are the sole and lone person that has been prevented.
Moreover your posts are once again obnoxious, sickening,stanching attacks that is your trade mark.
You have not made any contribution in this thread also.
You have just intercepted my post without any authority and permission and these are nothing but garbage as usual.
Kumar Doab
(Expert) 17 December 2016
Dhingra,
The author has been provided with links and asked to maintain confidentiality and author has not objected and has accepted.
I have tried and exerted my level best to help her.
The links sent to author are sensitive and not for YOU...............YOU alone .................since you are a risk..............and can anytime publish the emails/personal messages...............of anyone ...............be it anyone................
Since you ( YOU ALONE AT LCI) are a risk, hence the details have been concealed from you by me.....................and author has also affirmed/under obligation to do so.
Otherwise I am sharing with other experts wholeheartedly.
Due to your own problems with your own persona, you have been littering nuisance per your habit in this thread also.
The author and readers of this thread will continue to benefit from this thread also for many years.
I am sure that you have copied,pasted,stored the material posted by me from this thread also and shall be using it to earn from it in your consultancy.
Kumar Doab
(Expert) 17 December 2016
Dhingra,
Your stand has reduced to NOW simple solutions.
What a mockery again of your own self.
You have NO solution.
You can have solution IF AND ONLY IF YOU FIND SOLUTION FOR YOUR OWN PROBLEMS WITH YOUR OWN PERSONALITY.
Therefore agree to settle down for a medical board for your own health.
Guest
(Expert) 18 December 2016
Mr. Kumar Doab,
Your four long posts in response to my short message in themselves gives clear impression of your itch, irritation and frustration due to having not been able to find any answer to my pertinent questions.
Your response, "You can not ask any question since you have been prohibited and prevented by me enough number of times," itself provides a very good example to reveal that you are not aware of even basics of law, as you do not have any authority to prohibit me from enjoying my constitutionally provided fundamental right to speech. I can ask anything to you to clarify your stand, when caught rendering wrong advice to the querists.
Further, about your statement, "What a mockery again of your own self," it is not mockery of my ownself, but you have become the cause of your own mockery, when you have tried to complicate the issue for the author through 27 posts so far addressed to her, instead of providing a simple solution for her single-most problem.
About your statement, "The author has been provided with links and asked to maintain confidentiality and author has not objected and has accepted," when you consider the links to be confidential, what was the need to make all the long 27 posts addressed to her through this thread, why all the correspondence was not made through PM of the author?
Contrarily, the fact is that you are afraid of being pointed out about your wrong advice or wrong links provided to the authors, as in the case listed at the following link, where I have fully explained how and why your advice/ link was wrong:
http://www.lawyersclubindia.com/experts/Bmc-government-employee-contesting-election-what-is-the-consequences--626041.asp
Kumar Doab
(Expert) 18 December 2016
Dhingra,
Your itch on 'FReedom of Speech' has been duly handled by me in this and other thread pointed by you.
Exercise your right to Speech at Jantar Mantar, on the heads and ears of family that you claim is yours............and they shall certainly respond to you.
You have NO claim at LCI any expert.
YOU are shunned, shunted, ignored and instructed NOT to comment due to the abuse , abusive attacks, nuisance that you have been littering.
The threads under your profile are to be read carefully by the readers of this thread also.
YOU have duly NOTED that I have INSTRUCTED YOU NOT TO comment on me and my posts.
I have once again ignored and voided you in this thread also.
Since you are Blank and hollow and probably suffering from some uncontrollable medical disorders and something to pass your time therefore you are unnecessarily raking dispute after dispute at LCI.
IT is fact that: Your posts as usual are erratic and erroneous.
NOW LEAVE.
Kumar Doab
(Expert) 18 December 2016
Dhingra,
You have not posted a single advise in this thread.
As usual you have treated the space provided by LCI to post advises for the authors/querists ( WITHOUT ANY FEE, AND ADVERTISEMENT TO CONSULT YOU AND PAY YOU FEE/MONIES) AS YOUR PERSONAL FIEFDOM TO EXCRETE........YOUR ANGUISH ( RESULT OF YOUR PERSONAL PROBLEMS WITH YOUR PERSONA ) AND LITTER WITH YOUR EXCRETA.................HERE AT LCI.....AND LEAVE YOUR STENCH,STINK,AND YOUR SICKENING COMMENTS......
You are hallucinating in this thread and other thread at:
http://www.lawyersclubindia.com/experts/Bmc-government-employee-contesting-election-what-is-the-consequences--626041.asp
that you have posted anything for the benefit of author/querist.
You seem to be perturbed since authors/querists have been posting along with their query that; 'P.S.Dhingra must not reply'.
And what can Dhingra reply?
He knows nothing and is blank......
Many other threads can be found by readers by searching using th 'Search Option' as explained above, in previous post.
The readers will come to know of abuses hurled by Dhingra, and habit of remaining indecorous/indecent/defamatory towards the website LCI, fellow experts, querists/authors...........without sense any shame,remorse.....
Few Other threads in which Dhingra is blank and abusive:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
Rest YOU will know with your search.
Kumar Doab
(Expert) 18 December 2016
Author @ Mrs. Deepthi,
The LCI experts from Mumbai: Mr. M.V.Gupta, Mr. Kishore Mehta, Mr. Hemant Agarwal, have been posting at LCI.
You can access them on their profile and discuss the links and other docs that are with you.
Advocate. Arunagiri
(Expert) 18 December 2016
Ms.Deepthi,
The private companies can terminate their employees with notice or without notice. It the employees are terminated without notice, the company ought to buy the notice period.
Even if you go the labour officer, that labour officer has no power to protect your job, he can only get you, your legitimate monitary benefits.
Assuming that if you are continuing in the post, you will be treated badly by your seniors, because they will lable you as rebel. It is better to leave the company, which is not giving respect to a pregnant lady.
If the company terminates you, even if they are wrong, it will be bad remark in your career, you may not get a next job. Because the new employer will refer the previous employer.
My suggestion under the given circumstances, resign the job and look after a new job, by showing your experience.
Kumar Doab
(Expert) 19 December 2016
Author @ Mrs. Deepthi,
I shall agree with Mr. Arunagiri on that Labor Officer has NO power to grant injunction on termination/by written demand of resignation and/or for written demand of resignation.
There is NO senior in your case as HR/Head has resigned.
Since HR-Head has resigned your reporting authority seems to be this Director only.
You have already explained the communique on performance, hence there does not seem to be a reasonable cause of Termination/by written demand of resignation and/or for written demand of resignation.
Pregnancy is not misconduct.
The state of Maharashtra also has:
The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
You may approach Employee's/trade unions as well.
Your counsels may opine on your coverage by def. of 'Workman' as in ID Act and by def. of 'Employee' as in Bombay Shops & Estbs Act, and the appropriate govt as applicable in your case ( State/central) that in your case
(after due examination) The Industrial tribunal can grant interim relief.
As apprehended by you the intent of employer seems to deny due benefits claiming resignation by employee.
Kumar Doab
(Expert) 19 December 2016
Author @ Mrs. Deepthi,
Maternity Benefit Act does not discriminate between 'Workman', 'Non Workman'.
You may apply for maternity Benefit by letter (under proper acknowledgment)/email from personal email id, for period prior to delivery and draft as already suggested in my previous posts..................and Inspector ( state/central) appointed under the Maternity Benefit Act.
The safest recourse would be to obtain injunction on termination/by written demand of resignation and/or for written demand of resignation.
In advanced stage of pregnancy (8th month as posted by you) like this employer many other employers may not employ you.
Not only this later you may not have employment if other employers are also of the views of current employer.
You should also get the adverse comments (that are malafide) as per your post, called back and there is NO blot on your career.
Kumar Doab
(Expert) 19 December 2016
The trademark TAMASHA, ABUSE, NUISANCE of P.S. DHINGRA has started in another thread:
http://www.lawyersclubindia.com/experts/Appointment-on-false-bio-data-626081.asp
The readers can enjoy and have heart full of laughs.
This is the only TAMASHA that Dhingra is left with to do in his leftover days.
Kumar Doab
(Expert) 20 December 2016
Author @ Mrs. Deepthi,
As a HR personnel your views are expected to be refined and informed rather properly informed.
From your post I expect that you have done your homework.
If approaching Labor Officer is with view to get injunction from labor Court/Tribunal/CGIT:
Then Your counsels can also opine on interim relief ( amounting to an injunction) u/s 10 of ID Act.................and relief within time frame available with you.
You can show the printouts of this thread to your own counsels and come back with the opinion, on my posts and links sent by PM and good for nothing comments of P.S.Dhingra.
You are at liberty to comment; Whether P.S.Dhingra has made any contribution .................leave apart any meaningful contribution for you in this thread initiated by you?
You are at liberty to post in this thread or in any of your threads that this thread may not be responded by P.S.Dhingra. many querists/authors have been doing so.
In this thread P.S.Dhingra posted to allure and attract you to him as he has been doing at LCI.
Guest
(Expert) 22 December 2016
Mr. Doab,
What a craze and fantasy for making multiple posts in a thread. In a craze of making multiple appearances, you made 43 posts against a single problem. Undoubtedly, YOU HAVE CREATED A HISTORICAL RECORD of 43 ENTRIES ON A SINGLE QUESTION! I APPRECIATE THIS SENSE OF CRAZE!
Even during the last 5 days, you have made 23 posts after last query by the author, but she has not responded to any one of your idiotic post, as except filling up with all sorts of your abuses for me and tutoring her on such abuses, you have absolutely failed to provide any specific solution to solve her immediate problem how to tackle. In all the 23 posts you continued only to hurl abuses on me, WHEREAS, SHE DESIRED how she could save her service and also avail her due maternity leave. DID YOU SAY EVEN A SINGLE WORD, WHAT SHE SHOULD DO TO AVAIL MATERNITY LEAVE AND SAVE HER SERVICE ALSO, WHEN SHE CANNOT GO FOR LITIGATION TO GET SOME LEGAL REMEDY THROUGH THE COMPETENT COURT OF LAW IN SUCH A SHORT PERIOD?
You have also advised her, "You can show the printouts of this thread to your own counsels and come back with the opinion, on my posts and links sent by PM and good for nothing comments of P.S.Dhingra," it seems you have presumed that she has decided to the court of law and has hired a lawyer to whom she should show the printout, particularly about me, when you believe that I have not advised her.
A question of commonsense arises, do you believe that she is so mad like you to show my comments against your multiple vague statement, which did not contain any reliable solution? You can expect her to show to anyone only your vague statements to verify whether actually provided any solution to her or merely wasted her time and energy to confuse her, what to do and what not. FOR YOUR INFORMATION, BY ASKING HER, "Have you understood anything, what exactly is the advice through all the 15 posts of Mr. Kumar Doab, as against your single problem," I JUST ALERTED HER NOT TO DEPEND UPON SUCH TYPE OF MULTIPLE VAGUE STATEMENTS NUMBERING 15 ON HER SINGLE PROBLEM.
Last sentence of your last message really made me laugh, when you stated, "In this thread P.S.Dhingra posted to allure and attract you to him as he has been doing at LCI."
I have already stated you presume too much on not only the queries of the authors, but also about the members, who happen to post their views.
By the way, can you tell how AI could allure Ms. Deepthi to contact me, while I have neither asked her in this thread to contact me nor I contacted through any PM?
FROM ALL THESE 23 CONTINUOUS POSTS OF YOURS FOR THE LAST 5 DAYS, WITHOUT ANY RESPONSE FROM THE AUTHOR, ANY BODY CAN GUESS TO WHAT EXTENT YOU HAVE GONE MAD TO IMPOSE YOUR IDIOTIC WILL ON HER!
Kumar Doab
(Expert) 22 December 2016
Dhingra,
YOUR LAST POST IS ALSO ANOTHER FRUSTRATED AND FUTILE ATTEMPT TO PRETEND THAT YOU HAVE MADE ANY CONTRIBUTION IN THIS THREAD.
IN THIS THREAD ALSO YOU HAVE LITTERED YOUR TRADEMARK NUISANCE AND BAKWAAS AND IDIOTIC POSTS.
The querist/author has not addressed you and wrote to you even once in this thread.
YOU ARE DISTRACTING READERS,ONCE AGAIN IN ANOTHER THREAD.
The querist/author has already communicated to me in this thread as well as by PM.
I am aware of her inner and inherent fears and reservations.
Probably you on your own initiated your PM's to her......................and now claim that YOU ARE a KIND of SAVIOR.
You are at liberty to go to MUMBAI AT YOUR OWN expenses and help her ,IF YOU CAN, and also Mr. VINOD another querist in other threads whom also you have misguided enough.
You don't have to inform and POSE as if you are the only one who is communicating with her or she is communicating to you.
My 1st to last post are perfectly in order and sync and explains everything for a pregnant woman facing an adamant and recalcitrant employer that seems to belong to same breed as you..............
You need not point out anything to me, since I have full taken care of the query.
You are not to comment on me and my posts. It has already been instructed by me to you, endless number of times.
You have intercepted my post in this thread also to litter your trademark nuisance bakwaas and abuse of forum LCI.
The subject is beyond your aptitude and caliber and you have posted nothing that is relevant to the query.
The querist has not asked me how to send Maternity Leave application. She has posted other variances that you won't understand.
She is an HR person and has narrated what she has done in her query.
In my 1st post I have addressed the Maternity Leave application as well.
Her inherent fear is that she will terminated if she does not resign!
The employer has already placed on record the extension of Probation period due to dissatisfaction on her performance.
Since you are blind due to your own problems with your own persona, in addition to being MAD (PAAGAL) so all of your senses are malfunctioning and it is LOUDLY visible in this thread also.
UNTIL you will show the printout ( at your cost) of your posts at LCI to a proper medical board having specialist Psychiatrist and Neurosurgeon, and they give their confirmed diagnosis you won't agree your psychosis require psychiatrist's attention. They shall write ideopathy of your ailments, along with your idiotic pattern and behavior (PAAGALPAN)....................
You have properly and clearly advertised in this thread also that you are MAD beyond imagination and such kind of MAD that does not want to be repaired by a specialist Psychiatrist and Neurosurgeon.
The employer in any case has terminated her and has placed on record that by the close of office hours.............on dated...............she is to resign and she knows she will be terminated..........
In such case she will be fighting a protracted litigation.
I have provided extent rules, citations, precedence and references to provide clarity to a pregnant woman facing termination................and adverse record in files of employer.....
You have done nothing in this thread also.
Other than you all experts that have participated have understood and have advised her suitably.
YOU ARE NONE AND NOBODY TO SET ANY NUMBER FOR POSTS BY ANYBODY.............OR SET ANYTHING ELSE.
YOU NEED TO SET YOUR OWN FAILING MIND AND OWN PROBLEMS AND GO TO YOUR MEDICAL BOARD,TEACHERS.............
YOU NEED TO CONVINCE YOU IN FRONT OF YOUR OWN MIRROR AND PRACTICE IT DAILY FOR HOURS SO THAT SENSE IS DRILLED INTO YOUR HEAD AND NAILED PERMANENTLY AND DOES NOT LEAVE YOUR HOLLOW HEAD.
Guest
(Expert) 22 December 2016
Mr. Doab,
You are once again welcome with your irritation, frustration and abuses.
Why should I set any number of posts for you against a single question. You are free even to post 1,00,000 entries against a single question, but must be of some use to the author instead to confuse him/her more, when he/she is already confused over a problem. WHAT DO YOU ACHIEVE BY MISLEADING A QUERIST?
Kumar Doab
(Expert) 23 December 2016
Dhingra,
It is YOU and YOU alone that has intercepted my posts to CONFUSE and DISTRACT the querist.
Your bluff and attempt to be-fool has been exposed in previous posts.
You are frustrated and are desperately trying to get some attention to advertise
you and your consultancy so that you are able to keep on extracting unsuspecting querist/authors that come to LCI t seek illustrated response to their issues and problems.
You have been checked, snubbed ,taken to task by unlimited number of querist/authors in unlimited number of threads due to you insatiable appetite to abuse, misbehave and pose and pretend.
Another latest snub slammed on your face is at:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
Guest
(Expert) 23 December 2016
Mr. Doab,
You are once again welcome with your irritation, frustration and abuses.
What you call a snub, that has rebounced only on you, as I have replied your post and proved your profile quite deceptive, yourself as totally a pretender and unreliable person, a coward, who does not come with true identity, photo and even the name of the place where you live to be shown in your profile.
Even advocate Arunagiri has proved that the citation provided by you was quite irrelevant to the case.
Your statement, "You are frustrated and are desperately trying to get some attention to advertise" aptly apply on you, as it is you who have made 47 posted merely in a single thread for the sake of your ad in your fanatical bid to make the readers believe on your false, misleading and bluffing advice.
Moreover, if you treat my posts as bluff, what made you to appreciate me and my counseling for the assumed bluffs, as follows:
EXAMPLES OF YOUR OWN APPRECIATIONS FOR ME:
>> I am admirer of wisdom of Learned Senior Expert Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Transmission-of-shares-based-on-a--608246.asp
>> I fully concur with you. You have pointed out hard realities in such simple manner.
LINK: http://www.lawyersclubindia.com/experts/succession-legal-heirship-certificate--499151.asp
>> Mr. Dhingra has given wise advice. Kindly follow it
LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp
>> Shri P.S.Dhingra ji, Sir, You deserve it. We are fortunate to have you around. … With Regards … KumarDoab
LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp
>> Agreed with Expert Mr. P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Signature-revenue-stamp-on-wages-payments-578036.asp
>> Fully agreed with wise advise of Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Overcharged-bill-for-the-contract-without-previous-intimation-559916.asp
>> You can benefit from the counsel of Expert Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Penalty-569591.asp
DON'T TRY TO MAKE YOURSELF A FOOL, AS YOU CAN'T DISAGREE ON THAT, EXCEPT TO REPENT REMEMBERING ALL THOSE OCCASIONS WHEN YOU APPRECIATED ME.
I DON'T BLUFF ANYONE LIKE YOU, as I have given links of all those threads, which not only yourself, but also ANYBODY CAN VERIFY BY OPENING THOSE LINKS.
NOW, FOR THE SAKE OF HONESTY TOWARDS YOUR PROFESSION, COME FORWARD TO UPDATE YOUR PROFILE BY POSTING YOUR REAL IDENTITY, PICTURE AND THE NAME OF PLACE TO WHICH YOU BELONG, IF YOU ARE NOT A PRETENDER OR CHEATER.
Kumar Doab
(Expert) 23 December 2016
Dear LCI Author @ Mrs. Deepthi,
Recently a matter perturbing an author of LCI from Mumbai has been resolved without litigation with intervention of kind hearted efforts of experts/members and well wishers thru LCI.
I am sending you the links .............
If you wish, you may proceed as suitable to you.
Guest
(Expert) 23 December 2016
Mr. Doab,
Why you are afraid of posting the link on this thread? Is it with the fear that the same may also not be challenged by me and the author be not alerted about your misleading and false advice, which you had been rendering so far?
Be brave, post the link here for my, as well as other experts' analysis to verify about the correctness of your so called links.
Kumar Doab
(Expert) 25 December 2016
Dear LCI Author @ Mrs. Deepthi,
Thanks for duly replying to me by PM's, in this thread, and points raised by me.
I shall suggest don't give up your employment by resignation on platter and don't remain idle and with employment and get your broken with financial burden in Mumbai.
The links.citations,references can help you.
NO FEE was charged from the employee by the gentleman and the issue got resolved without any litigation...........and loss to employee.
The counsel is............. much much junior to Dhingra.
Many new members, experts are joining LCI and doing good job for the community.
Employee should retain access to employee'/trade unions, counsels specializing in Labor/Service matters at his/her location.
It is a misconception that very able counsels charge huge fees.
Employee should make some efforts to defend his/her interest.
Online discussions have its own limitations and avoid making any payment for online discussions and Beware of abusers and person loitering at many portals posing as experts.
Kumar Doab
(Expert) 25 December 2016
Dhingra,
In your last post in this thread , you have posted that:
"Mr. Doab,
Why you are afraid of posting the link on this thread? Is it with the fear that the same may also not be challenged by me and the author be not alerted about your misleading and false advice, which you had been rendering so far?
Be brave, post the link here for my, as well as other experts' analysis to verify about the correctness of your so called links."
You are blank and have not posted any single advise for the querist in this thread.
You have miserably failed once again.
You have been instructed/prohibited from making any comment on me and my pots.
Don't worry the counsel of querist shall handle the mater and won't need any intervention by you.
Matter ends.
Kumar Doab
(Expert) 25 December 2016
Dhingra,
In your 2nd last post you have posted that:
"Mr. Doab,
You are once again welcome with your irritation, frustration and abuses.
What you call a snub, that has rebounced only on you, as I have replied your post and proved your profile quite deceptive, yourself as totally a pretender and unreliable person, a coward, who does not come with true identity, photo and even the name of the place where you live to be shown in your profile.
Even advocate Arunagiri has proved that the citation provided by you was quite irrelevant to the case.
Your statement, "You are frustrated and are desperately trying to get some attention to advertise" aptly apply on you, as it is you who have made 47 posted merely in a single thread for the sake of your ad in your fanatical bid to make the readers believe on your false, misleading and bluffing advice.
Moreover, if you treat my posts as bluff, what made you to appreciate me and my counseling for the assumed bluffs, as follows:
EXAMPLES OF YOUR OWN APPRECIATIONS FOR ME:
>> I am admirer of wisdom of Learned Senior Expert Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Transmission-of-shares-based-on-a--608246.asp
>> I fully concur with you. You have pointed out hard realities in such simple manner.
LINK: http://www.lawyersclubindia.com/experts/succession-legal-heirship-certificate--499151.asp
>> Mr. Dhingra has given wise advice. Kindly follow it
LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp
>> Shri P.S.Dhingra ji, Sir, You deserve it. We are fortunate to have you around. … With Regards … KumarDoab
LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp
>> Agreed with Expert Mr. P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Signature-revenue-stamp-on-wages-payments-578036.asp
>> Fully agreed with wise advise of Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Overcharged-bill-for-the-contract-without-previous-intimation-559916.asp
>> You can benefit from the counsel of Expert Shri P.S.Dhingra.
LINK: http://www.lawyersclubindia.com/experts/Penalty-569591.asp
DON'T TRY TO MAKE YOURSELF A FOOL, AS YOU CAN'T DISAGREE ON THAT, EXCEPT TO REPENT REMEMBERING ALL THOSE OCCASIONS WHEN YOU APPRECIATED ME.
I DON'T BLUFF ANYONE LIKE YOU, as I have given links of all those threads, which not only yourself, but also ANYBODY CAN VERIFY BY OPENING THOSE LINKS.
NOW, FOR THE SAKE OF HONESTY TOWARDS YOUR PROFESSION, COME FORWARD TO UPDATE YOUR PROFILE BY POSTING YOUR REAL IDENTITY, PICTURE AND THE NAME OF PLACE TO WHICH YOU BELONG, IF YOU ARE NOT A PRETENDER OR CHEATER.
"
Mr. Rajendra K Goyal has advised the querist/author after precise and relevant legal position is posted by me.
Mr. Arunagiri has not proved any citation posted by me as Wrong.
You have tried in this thread also to limp on crutches of other experts and have failed.
You have rather tried to insult good name and reputation of Mr. Rajendra K Goyal, Mr. Arunagiri...........out of sheer frustration and finding NO other escape.
Stop posting in matters pertaining to Maternity Benefits, Termination etc etc and find some other Forum to mislead new set of querists/authors,members, experts with your Old man's picture and profile that smacks of a 'Quack'.
You have willfully not posted the link to threads in which I have properly responded to extracts posted by you.................in detail................and confirmed it as True Or false..............
Some of the links posted by you do not work.
You have been fooling yourself.
Subsequently due to chronic habit of abuse to querists/experts/members/experts, you were virtually thrashed by everyone.
The abuse and attack has become your elixir and you are unwilling to give it up.
In few words the querist/authors /members/experts have conclude that ' Animal ( ask the worldly name name if you don't understand) Ko ghee Hajam Nahin Hota'
You have not learnt your lesson and did not give up your habit of abuse and to attack other experts/members and continued to hallucinate and view as some 'Headmaster' and owner of the World some kind of deity or god.
Now post the link to those threads also where your abused querist/authors /members/experts.
Now post the link to those threads also where you also confirmed that I have exerted, researched and resolved the threads and queries.
Now post the link to those threads also where you intercepted my posts out of jealousy and other experts concluded that I have exerted, researched and resolved the threads and queries.
Now post the link to those threads also where you attacked me and my dignity, immediate after the query was posted by querist and I have not even posted anything......................and NO one had posted anything, except query by querist.
I am honest and honestly,sincerely and also as per advise of some experts avoided and ignored your attacks in many threads, but your itch was uncontrollable and you were indecorous and intolerable and you were duly informed that you will get befitting response.
Your sister is not married to me and your daughter is not my wife.............and I do not want anything to share with you will not allow you to make any demand.
You may post your photo with your tribe sitting above MINARE-e-PAKISTAN.
Kumar Doab
(Expert) 25 December 2016
Dear LCI Author @ Mrs. Deepthi,
For any issue you can approach:
Inspector appointed under;
Bombay Shops & Establishments Act
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf
Maternity Benefit Act (state/central),
O/o Labor commissioner,
Employee's/Trade Unions Leaders; State of Maharashtra has strong unions and seasoned leaders
State of Maharashtra has also enactments:
THE MAHARASHTRA RECOGNITION OF TRADE
UNIONS AND PREVENTION OF UNFAIR
LABOUR PRACTICES ACT, 1971.
http://bombayhighcourt.nic.in/libweb/acts/1972.01.pdf
You have a good case.
Kumar Doab
(Expert) 27 December 2016
Dear LCI Author @ Mrs. Deepthi,
I am sending you another link.
The vindictive and zealous bosses transferred the disabled woman and mother at your location/state to faraway remote area so that she leaves/resigns.
This disabled woman and mother was supported and submitted communications on record under proper acknowledgment to bosses/employer and also to respective government authority..................e.g;
as in your case;
Inspector appointed under Maternity Benefit Act, Bombay Shops & Estbs Act, O/o Labor commissioner
Thereafter she approached higher ups.
She has succeeded with full honors.
Guest
(Expert) 29 December 2016
Mr. Kumar Doab,
Thanks for reproducing my reply in your last post, where you have posted your own appreciation for me in several other cases, but still getting yourself befooled by only yourself about me.
However, you at several times been found crying through your posts "NOW LEAVE and don't come back," but still don't desist from making vague long idiotic statements.
You should have tried to understand that my only requirement is that you should be transparent, honest and sincere towards the querists as well as the experts. So, in the wider interests, I have asked you to update your LCI profile with your real ID.
But, since you have flatly refused to prove your credentials so far even on asking for several times, NOW MY CONDITIONS TO LEAVE YOU ARE AS FOLLOWS:
1) post your real name, photo and destination place in your LCI profile for the purpose of transparency;
2) Shun your cheating habit and don't try to mislead and misguide the authors, who are already facing some problem to make their problems more complicated, as of your very bad habit by loading with a voluminous junk of google researched irrelevant material without your specific advice, which you call your illustrated replies; and
3) MUST beg pardon of me for profusely abusing me in several thread.
Otherwise, don't expect me to leave you even in your dreams.
Deepthi
(Querist) 02 February 2017
Dear Mr.Kumar,
My new Head has joined and she understood that it will be difficult for her without me in the system. Hence she has extended my tenure till 31 Jan 2017.
She has granted me Maternity leave but without pay and as per her she will release my maternity pay after I join.
Regards,
Deepthi
Kumar Doab
(Expert) 02 February 2017
Obtain approval in writing.
If you can let your boss write to you that maternity Benefit shall be paid after resume duty after pregnancy delivery.
In case of sickness due to pregnancy delivery, you are entitled for another 30 days Maternity Benefit.
If required apply for it under proper acknowledgment.
The rate of Maternity Benefits and time to pay Maternity Benefits ( before and after pregnancy delivery) is duly stated in Maternity Benefit Act and is cited in previous post.
If the approach of your new boss is to retain you in system, then utilize the time , as already posted to, firm up your next venture with a good company and with god HR practices.
With the extension (in writing to you) you should be within the period of Maternity Benefit during which employer can not terminate the employment.
Don't give any opportunity to employer to level any charge of misconduct.
I am happy that your matter is somewhat resolved.
Best Wishes.
Kumar Doab
(Expert) 02 February 2017
I have replied to all of your PM's.
Advocate. Arunagiri
(Expert) 04 February 2017
Mrs.Deepthi,
I think by the above lengthy replies from our experts, your problem would have resolved.
You may thank the experts and close this dialogue if your query is resolved.
