Forced resignation and denial of maternity leave.

Do you wish to challange policy of the company which do not have offered term and condition qua maternity leave to female employees and "never" granted in the past?

Live in peace and take care of yourself to imbibe good sanskars to the baby in womb.

The employer's action amounts to violation of the law. You have the option withdraw the the resignation as you have been forced to do so. Even otherwise, you can bring the matters to the notice of the authorities concerned as well the Human Rights Commission or the Women's Commission.

1. You are entitled to maternity benefit of 26 weeks paid leave. It does not matter whether it is in their policy or not nor whether any female employee has received such benefits in the past or not. But to claim you have to remain employment. Even termination during this period is illegal. 

2. Since you have already put your resignation (though you said that you were forced) first you have to withdrawn it immediately. Only then you can file a case against such forced resignation as well as maternity benefit. 

So if you really want to take any action against the company, first you have to withdraw the resignation immediately stating that you were forced to resign before your full and final settlement is done.

In the given circumstances it is appreciated that you have decided and submitted your resignation.

But do not adventure to challange policy of your employer which shall be torturing yourself without any fruitful results.

This is a legal platform and any suggestion needs to be based on legal elements and in sustaining and furthering justice. It is subversive for an employer to formulate his own "policy" which is repugnant to the essentials of public policy. Certainly, Rule of Law is capable of rectifying such willful distortions.

Originally posted by : Jayshree Solanki
	If i challenge them they ll start harrasing me as they do with any expected ladies. Hence i felt like resigning instead taking pressure during this period. Can i file case against them later... Which lady wants to undergo tourcher during this situatiin and better accept resignation.. Can we not do anything.

1. Since your Employer is a registered Pvt. Ltd. Co., you CANNOT be forced /coerced to resign on grounds of "Pregnancy"  .AND. giving colorful excuse of "lock down"  .AND. "no policy of whatever....",   more specifically since Govt. has issued directives not to terminate /remove or coerce any employee to resign (which obviously has happened in your case) and neither to deduct or stop salary to its employees.

2. Despite your Forced Resignation (immaterial whether it is voluntary or deemed or coerced), you have an option of filing private Criminal Prosecution against the HR head and the in-charge Directors of the Co.  This is possible If you can prove that you were mislead or coerced or forced to resign. You can do this via a strategic Legal Notice to the HR head and the in-charge Directors of the Co., wherein you shall explain the adverse & intimidating circumstances that co. created,  forcing & coercing you to resign.

3. The anticipated "harassment" of the Co. would be easily set off, WHEN you lodge a Police FIR, against the HR head and the in-charge Directors of the Co., for offences like: Intimidation, Nuisance, Mischief, Breach of Trust, etc....   .AND.  depending on various parameters and irrespective of your resignation, you may still be eligible to strategically file for relief & reinstatement with back dues (even IF you were not terminated) before the Labour Commissioner office.

4. Apathetically and due to illusionary fear /nervousness, many people do not file Legal Proceedings to get justice for their legitimate rights.  You are advised to imitate legal dispute by issuing a Legal Notice and filing dispute before labour commissioner and filing Police FIR (in your circumstances, female Police sub-inspector will be deputed to your house to register FIR). For all the suggested three legal actions, you need not move out of your house. AFTER all this disconnect totally from the Co., till the Co. comes down to its knees. You should note that as you feel "illusionary fear /nervousness", the in-charge Co. persons will also actually experience "fear /nervousness", AFTER initiate above suggested legal actions.

Keep Smiling .... Hemant Agarwal
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